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Cruz v. Tichenor

December 1, 2009

HERMAN CRUZ, PLAINTIFF,
v.
LOUISE TICHENOR, NURSE PRACTITIONER, UPSTATE CORRECTIONAL FACILITY; NURSE WALSH, UPSTATE CORRECTIONAL FACILITY, DEFENDANTS.



DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on November 10, 2009, by the Honorable Randolph F. Treece, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 43).

Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Treece's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 43) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendant's Motion to dismiss (Dkt. No. 40) is GRANTED and this action is DISMISSED in its entirety; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

DATED: December 01, 2009 Albany, New York

20091201

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