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Jose Rodriguez v. Baker

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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