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DeJesus v. LaClair

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 11, 2008

FELIX DEJESUS, PLAINTIFF,
v.
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

20080911

© 1992-2008 VersusLaw Inc.



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