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Norris v. Wright

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 28, 2010

PHILLIP NORRIS, PLAINTIFF,
v.
DOCTOR LESTER N. WRIGHT, CHIEF MEDICAL OFFICER, DEFENDANT.

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

DECISION and ORDER

Plaintiff, Phillip Norris, commenced this civil rights action in March 2006, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 7, 2010, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendant's motion for summary judgment (Docket No. 47) be denied. The defendant has filed objections to the report and recommendation.

Based upon a de novo review of the entire file, including the portions of the Report-Recommendation to which defendant has objected, and the recommendations of Magistrate Judge Lowe, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that

1. Defendant's motion for summary judgment (Docket No. 47) is DENIED;

2. The Clerk is directed to return the file to the Magistrate Judge for any further pretrial scheduling.

IT IS SO ORDERED.

Utica, New York.

20100928

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