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Sherman v. Superintendent

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 18, 2008

JACK SHERMAN, PLAINTIFF,
v.
SUPERINTENDENT, MOHAWK CORRECTIONAL FACILITY, DEFENDANT.

The opinion of the court was delivered by: Frederick J. Scullin, Jr., Senior Judge

DECISION AND ORDER

The above-captioned matter having been presented to me by the Report-Recommendation of Magistrate Judge David R. Homer filed on December 3, 2008, and the Court having reviewed the Report-Recommendation and the entire file in this matter, and the plaintiff having advised the Court that he has no objections to said Report-Recommendation, the Court hereby

ORDERS, that the Report-Recommendation of Magistrate Judge David R. Homer filed December 3, 2008 is ACCEPTED in its entirety, for the reasons stated therein, and the Court further

ORDERS, that plaintiff's petition is DISMISSED without prejudice, and the Court further

ORDERS, that the Clerk of the Court is to enter judgment in favor of defendant and CLOSE this case.

IT IS SO ORDERED.

20081218

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