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Johnson v. Wigger

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 5, 2009

MARK JOHNSON, SR., PLAINTIFF,
v.
MR. WIGGER, ET AL., DEFENDANTS.

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

ORDER

After carefully considering the entire file in this matter, including Magistrate Judge Lowe's July 10, 2009 Report-Recommendation to which the parties have not filed any objections; Defendants' motion for summary judgment and Plaintiff's claims against Defendants, the Court hereby

ORDERS that Magistrate Judge Lowe's July 10, 2009 Report-Recommendation is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further

ORDERS that Defendants' motion for summary judgment is DENIED; and the Court further

ORDERS that Plaintiff's federal claims against Defendants are DISMISSED SUA SPONTE pursuant to 28 U.S.C. § 1915(e); and the Court further

ORDERS that Plaintiff's state-law claims against Defendants are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §1367; and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case.

IT IS SO ORDERED.

20090805

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