UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
September 11, 2008
FELIX DEJESUS, PLAINTIFF,
SERGEANT LACLAIR, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Thomas J. McAVOY, Senior United States District Judge
DECISION & ORDER
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. George H. Lowe, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the Report-Recommendation dated July 24, 2008 have been filed. Furthermore, after examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation for the reasons stated therein.
It is therefore,
ORDERED thatDefendants' motion to dismiss pursuant to Fed. R. Civ. P. 41(b) (Dkt. # 43) is GRANTED to the extent that it seeks the dismissal of Plaintiff's claims against Defendant John Doe #1, Defendant John Doe #2, Defendant Jenne Doe, Defendant Sergeant LaClair, Defendant Correction Officer Schule, and Defendant Correction Officer K. Ral, but that Defendants' motion is otherwise DENIED.
IT IS SO ORDERED
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