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Motta v. Wright

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


May 20, 2009

STEVEN MOTTA, PLAINTIFF,
v.
DR. LESTER WRIGHT, DEPUTY COMMISSIONER OF HEALTH SERVICES, NYS DOCS; DR. SYED HAIDER SHAH, MARCY CORRECTIONAL FACILITY, DEFENDANTS.

The opinion of the court was delivered by: Norman A. Mordue, Chief U. S. District Judge

ORDER

The above matter comes to me following a Report-Recommendation by Magistrate Judge Gustave J. DiBianco, duly filed on the 29th day of April 2009. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. The defendants' motion for summary judgment (Dkt. No. 29) is granted, and the complaint is dismissed in its entirety.

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.

20090520

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