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Jabbar K. Powell v. Dr. Tom - John Doe 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 2, 2011

JABBAR K. POWELL,
v.
DR. TOM - JOHN DOE 1, PHYSICIAN, NURSE GLENN - JOHN DOE 2, NURSE, DR. FRICKE -JOHN DOE 3, PHYSICIAN FOR THE MEDICAL STAFF, EACH OFFICIALLY AND INDIVIDUALLY OF COUNTY JAIL MEDICAL STAFF; MAJOR ELWELL - JOHN DOE 4, OFFICER, AND SERGEANT LABRAC, OFFICER, EACH INDIVIDUALLY AND OFFICIAL CAPACITY; HARRY C. BUFFARDI, SHERIFF, SCHENECTADY COUNTY SHERIFF DEPT.' CORRECTIONAL MEDICAL CARE/EMPLOYEES, IN THEIR OFFICIAL AND INDIVIDUAL CAPACITIES; AND SCHENECTADY COUNTY SHERIFF DEPT., DEFENDANT.

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

DECISION and ORDER

Plaintiff, Jabbar K. Powell, commenced this civil rights action in March 2010, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated February 4, 2011, the Honorable David R. Homer, United States Magistrate Judge, recommended that this action be dismissed as to all claims and all defendants. No objections to the Report-Recommendation have been filed, however the attorneys for the Schenectady County defendants submitted a clarification of one point in the Report and Recommendation, and further urged dismissal of the County Defendants.

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

Accordingly, it is ORDERED that

1. The action is DISMISSED as to all claims and all defendants; and

2. The Clerk is directed to serve the plaintiff with a copy of this order at the various addresses he has given for delivery of his mail; and close the file.

IT IS SO ORDERED.

Utica, New York.

20110302

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