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Solomon v. Fischer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 11, 2010

JOHN SOLOMON PLAINTIFF,
v.
BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONAL SERVICES; AND DARWIN LACLAIR, SUPERINTENDENT, FRANKLIN CORRECTIONAL FACILITY, DEFENDANTS.

The opinion of the court was delivered by: Hon. Andrew M. Cuomo Chief U. S. District Judge

ORDER

The above matter comes to me following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed on the 21st day of July 2010. Following fourteen days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. The defendants' motion to dismiss (Dkt. No. 19) is granted and the complaint is dismissed in its entirety. The Clerk shall enter judgment accordingly.

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.

20100811

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