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Randolph Smith v. Dr. Lester Wright

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 23, 2011

RANDOLPH SMITH, PLAINTIFF,
v.
DR. LESTER WRIGHT, DEPUTY COMMISSIONER FOR HEALTH SERVICES; DR. PAULANO, CHIEF MEDICAL OFFICER, GREAT MEADOWS CORRECTIONAL FACILITY; DR. SILVERBERG, PHYSICIAN, GREAT MEADOWS CORRECTIONAL FACILITY; JANE DOE, ACTING NURSE ADMINISTRATOR, GREAT MEADOWS CORRECTIONAL FACILITY; AND JOHN DOE, DIRECTOR OF MINISTERIAL SERVICES, DEFENDANTS.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

On January 25, 2011, Defendants filed a motion to dismiss Plaintiff's amended complaint. See Dkt. No. 49. On March 17, 2011, Plaintiff filed papers in opposition to that motion, see Dkt. No. 52; and, on March 31, 2011, Defendants filed a reply in further support of their motion, see Dkt. No. 53. On August 31, 2011, Magistrate Judge Peebles issued a Report, Recommendation and Order, in which he recommended that this Court grant Defendants' motion and dismiss Plaintiff's amended complaint in its entirety. See Dkt. No. 54 at 53. Neither Plaintiff nor the Defendants filed any objections.

When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting this review, "the Court may 'accept, reject, or modify, in whole or in part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C. § 636(b)(1)(C)).

The Court has reviewed Magistrate Judge Peebles' August 31, 2011 Report, Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Peebles' August 31, 2011 Report, Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Defendants' motion to dismiss Plaintiff's complaint in its entirety is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case.

IT IS SO ORDERED.

20110923

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