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Nieves v. Aldrich

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 23, 2009

LUIS NIEVES, PLAINTIFF,
v.
D. ALDRICH; T. EAGEN; T. FAUSS; J. NICHOLS; D. PICENTE; R.F. RAYMOND; DEPARTMENT OF CORRECTIONAL SERVICES; BRIAN FISHCER, COMMISSIONER, SUED IN HIS OFFICIAL CAPACITY; AND K. PERLMAN, SUPERINTENDENT, MID-STATE CORRECTIONAL FACILITY, DEFENDANT.

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

DECISION and ORDER

Plaintiff, Luis Nieves, brought this civil rights action in June 2007, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated August 28, 2009, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that defendants' motion for judgment on the pleadings (Docket No. 33) be granted, and the complaint be dismissed in its entirety. No objections to the Report-Recommendation have been filed.

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

Accordingly, it is ORDERED that

1. The defendants' motion for judgment on the pleadings is GRANTED;

2. The complaint is DISMISSED in its entirety; and

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

IT IS SO ORDERED.

20090923

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