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Jean v. Barber

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 11, 2010

GOTFRIED JEAN, PLAINTIFF,
v.
C.O. BARBER, CORRECTIONAL OFFICER; SGT. CHRISTOPHER; AND SUPERINTENDENT GRAHAM, ALL OF AUBURN CORRECTIONAL FACILITY, DEFENDANTS.

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

DECISION and ORDER

Plaintiff, Gotfried Jean, commenced this civil rights action in April 2009, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated December 3, 2009, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendant Graham's motion for to dismiss for failure to state a claim (Docket No. 13) be granted with 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. Defendant Graham's motion to dismiss for failure to state a claim is GRANTED with leave to amend within thirty days of the date of this order;

2. Plaintiff's failure to amend the complaint within thirty days of the date of this order will result in the complaint being dismissed as against defendant Graham without further order of this court.

IT IS SO ORDERED.

20100111

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