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Flemming v. Wurzberger

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 12, 2010

WOODROW FLEMMING, PLAINTIFF,
v.
BEZALEL WURZBERGER, PSY. DR.; TIMOTHY KEMP, ASST. PHY. DR.; AND LOUISE TICHENOR, MED., DEFENDANTS.

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

DECISION and ORDER

Plaintiff, Woodrow Flemming, commenced this civil rights action in May 2005, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated July 15, 2010, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that plaintiff's motions for summary judgment (Docket Nos. 52, 53) be denied without prejudice. No objections to the Report-Recommendation have been filed.

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

Accordingly, it is ORDERED that

1. Plaintiff's motions for summary judgment (Docket Nos. 52, 53) are DENIED without prejudice; and

2. The file is returned to the Magistrate Judge for any further proceedings.

IT IS SO ORDERED.

20100812

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