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Ronald Phipps v. Dr. Sohail A. Gillani and the State of New York

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 30, 2012

RONALD PHIPPS, PLAINTIFF
v.
DR. SOHAIL A. GILLANI AND THE STATE OF NEW YORK, DEFENDANTS.

The opinion of the court was delivered by: Thomas J. McAVOY, Senior United States District Judge

DECISION & ORDER

I. INTRODUCTION

This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).No objections to Magistrate Judge Peebles's January 5, 2012 Report and Recommendation*fn1 have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice.

II. CONCLUSION

The Court ADOPTS the Report and Recommendation [dkt. # 28] for the reasons stated therein. Therefore, it is hereby

ORDERED that the motion of Defendant State of New York to dismiss Plaintiff's claims in this action against that defendant (Dkt. No. 23) is GRANTED, and all claims against the State of New York are DISMISSED; and it is further

ORDERED that the motion of Defendant Dr. Sohail Gillani to dismiss Plaintiff's claims against him in this action (Dkt. No. 16) is DENIED without prejudice to Defendant's right to raise a defense of qualified immunity in the future.

IT IS SO ORDERED


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