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Villanueva v. Baldwin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 11, 2010

MIGUEL VILLANUEVA, ALSO KNOWN AS MIGUEL FONTANEZ, PLAINTIFF,
v.
V. BALDWIN, NURSE ADMINISTRATOR; AND JON MILLER, M.D., FACILITY HEALTH SERVICE DIRECTOR, BOTH OF COXSACKIE CORRECTIONAL FACILITY, DEFENDANTS.

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

DECISION and ORDER

Plaintiff, Miguel Villanueva, aka Miguel Fontanez, commenced this civil rights action in October 2008, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated February 4, 2010, the Honorable David R. Homer, United States Magistrate Judge, recommended that defendants' motion for summary judgment be granted and that judgment be granted to both defendants on all claims. No objections to the Report-Recommendation have been filed.

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

Accordingly, it is ORDERED that

1. Defendants'; motion for summary judgment (Docket No. 22) is GRANTED;

2. Judgment is GRANTED to both defendants on all claims; and

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

IT IS SO ORDERED.

20100311

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