UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
August 5, 2009
MARK JOHNSON, SR., PLAINTIFF,
MR. WIGGER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Frederick J. Scullin, Jr., S.J.
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.
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