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White v. Fischer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 18, 2010

JASON R. WHITE, PLAINTIFF,
v.
BRIAN FISCHER, COMMISSIONER, DEPT. OF CORRECTIONAL SERVICES; THERESA A. KNAPP-DAVID, DIRECTOR, CLASSIFICATION AND MOVEMENT; AND R. WOODS, SUPERINTENDENT, UPSTATE CORRECTIONAL FACILITY, DEFENDANTS.

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

DECISION and ORDER

Plaintiff, Jason R. White, commenced this civil rights action in February 2009, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated January 25, 2009, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendant's motion to dismiss (Dkt. No. 10) be granted, and that plaintiff's complaint in this action be dismissed without leave to replead. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Peebles, 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's motion to dismiss (Dkt. No. 10) is GRANTED;

2. Plaintiff's complaint in this action is DISMISSED without leave to replead; and

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

IT IS SO ORDERED.

20100218

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