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McChesney v. Hogan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 2, 2010

DAVID MCCHESNEY, PLAINTIFF,
v.
MICHAEL HOGAN, DONALD SAWYER, DR. TERRI MAXYMILLIAN, JEFFREY NORWICKI, BILL OWENS, COREY CONNELLY, CHARMINE BILL, REGINA ANDERSON AND THE TREATMENT TEAM, DEFENDANTS.

The opinion of the court was delivered by: Norman A. Mordue, Chief U. S. District Judge

ORDER

The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 11th day of August 2010. Following 14 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 for summary judgment (Dkt. No. 34) is granted, and that plaintiff's complaint in this action is dismissed in all respects, with leave to replead.

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.

Dated: September 2, 2010 Syracuse, New York

20100902

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