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Tartaglia v. Carlsen

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 22, 2008

PAUL TARTAGLIA, PLAINTIFF,
v.
SCOTT CARLSEN, ET AL, DEFENDANTS.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on July 31, 2008, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 21).

Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Peebles's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 21) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendant Carlsen's Motion to dismiss Plaintiff's claims against him (Dkt. No. 18) is GRANTED; and it is further

ORDERED, that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED in its entirety, without prejudice to Plaintiff's right to assert claims in a new action against the Defendants identified in this case only as John Doe defendants; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

20080822

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