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Sheils v. Flynn

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 2, 2009

KEVIN SHEILS, PLAINTIFF,
v.
T. FLYNN, B. LECUYER, AND T. SEAMEN, EACH NURSE ADMINISTRATOR; CAHILL, CHAMPAGNE, WHALEN, AND LEE, EACH PRIMARY CARE PHYSICIAN; OTIS AND RYAN, EACH REGISTERED NURSE, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Plaintiff, Kevin Sheils, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated May 27, 2009, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendants' motion for summary judgment (Docket No. 50) be granted and that plaintiff's cross motion for summary judgment (Docket No. 53) be denied, and that all claims against defendant Otis be dismissed pursuant to Fed. R. Civ. P. 4(m). The plaintiff has timely filed lengthy objections to the report-recommendation.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Lowe, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that

1. Defendants' motion for summary judgment is GRANTED;

2. Plaintiff's cross-motion for summary judgment is DENIED;

3. The claims against defendant Otis are DISMISSED;

4. The complaint is DISMISSED in its entirety; and

4. The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.

20090902

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