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Smith v. Fischer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 11, 2010

VICTOR SMITH, PLAINTIFF,
v.
BRIAN FISCHER, COMMISSIONER, NYS DOCS; S. CONNELL, SUPERINTENDENT, J. BADGER, DSA, AND K. ADAMIK, CAPTAIN, EACH OF ONEIDA CORRECTIONAL FACILITY; I. LOMBARDO, ACTING SUPERINTENDENT, A. LABROIA, DSS, EACH OF ORLEANS CORRECTIONAL FACILITY; AND MR. NAUGHTON, ONEIDA CORRECTIONAL FACILITY, DSS, DEFENDANTS.

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

DECISION and ORDER

Plaintiff, Victor Smith commenced this civil rights action in December 2007, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated November 24, 2009, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendants' motion for to dismiss for failure to state a claim (Docket No. 38) be granted without leave to amend. No objections to the Report-Recommendation have been filed.

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. The defendants' motion to dismiss for failure to state a claim is GRANTED;

2. Plaintiffs' complaint is DISMISSED; and

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

IT IS SO ORDERED.

20100111

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