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Jose Rodriguez v. Baker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 24, 2011

JOSE RODRIGUEZ, PLAINTIFF,
v.
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.

20110824

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