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Pacheco v. Zurlo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


October 22, 2010

ANDRE PACHECO, PLAINTIFF,
v.
M. ZURLO, DEPUTY SUPERINTENDENT FOR PROGRAMS; G. STANLEY, INMATE GRIEVANCE SUPERVISOR; A. BOUCAUD, SUPERINTENDENT - ALL OF ALTONA CORRECTIONAL FACILITY; AND NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, DEFENDANTS.

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

DECISION and ORDER

Plaintiff, Andre Pacheco, commenced this civil rights action in December 2009, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 29, 2010, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that based on plaintiff's assent, defendant DOC's motion to dismiss (Docket No. 20) be granted and DOCS be dismissed from the action. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the file, and the recommendations of Magistrate Judge Treece, 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 New York State Department of Correctional Services' motion to dismiss (Docket No. 20) is GRANTED;

2. Defendant New York State Department of Correctional Services is DISMISSED from the action; and

3. The action will continue under the Magistrate Judge's supervision for all further pretrial proceedings.

IT IS SO ORDERED.

20101022

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