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McQuilkin v. Central New York Psychiatric Center

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 20, 2010

RUDOLPH MCQUILKIN, PLAINTIFF,
v.
CENTRAL NEW YORK PSYCHIATRIC CENTER, J. TAYLOR, J. BERGGREN, V. KOMARETH, K. SANGANI, DR. HERNANDEZ, D. SAWYER, S. HANNA, AND G. BODROG, DEFENDANTS.

The opinion of the court was delivered by: Thomas J. McAVOY, Senior United States District Judge

DECISION & ORDER

This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).No objections to the Report-Recommendation and Order dated August 27, 2010 have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation and Order for the reasons stated therein.

It is therefore,

ORDERED that Defendants' motion for summary judgment (Dkt. No. 66) is GRANTED, and Plaintiff's claims against the Central New York Psychiatric Center, Berggren, Hernandez, Sawyer, Hanna and Taylor are DISMISSED in all respects, with prejudice; and it is further

ORDERED that Defendant Sangani's motion to dismiss the complaint (Dkt. No. 56) is GRANTED and all claims against Sangani are DISMISSED with prejudice; and it is further

ORDERED that Plaintiff's claims against Defendants Komareth and Bodrog are DISMISSED, sua sponte, without prejudice.

The Office of the Clerk of the Court is instructed to close the file in this matter. IT IS SO ORDERED

20100920

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