UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
August 24, 2011
JOSE RODRIGUEZ, PLAINTIFF,
BAKER, NURSE, UPSTATE CORRECTIONAL FACILITY, DEFENDANT.
The opinion of the court was delivered by: David N. Hurd United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On August 2, 2011, the Honorable Randolph F. Treece, United States Magistrate Judge, advised, by Report-Recommendation, that defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) be granted and the case be dismissed. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1).
Therefore, it is ORDERED that
1. Defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED; and
2. The complaint is DISMISSED in its entirety.
The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED.
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