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Byng v. Campbell

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 21, 2009

KEVIN V. BYNG PLAINTIFF,
v.
JAMES L. CAMPBELL; ALBANY COUNTY SHERIFF'S DEPARTMENT; CORRECTIONAL MEDICAL SERVICES, INC.; DR. ROBNOWITZ; DR. SALZMAN; RICH, R.N.; DEBBIE, R.N.; GLORIA COOPER; D. DELONG; M. ROSE; AND JILL HARRINGTON DEFENDANTS.

The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed December 16, 2008. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed December 16, 2008 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED, that defendants' motion to dismiss (Dkt. No. 67) is DENIED as moot, and it is further

ORDERED, that the Clerk serve a copy of this order upon all parties by regular mail.

IT IS SO ORDERED.

20090121

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