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Raheem Shabazz v. G.R. Bezio

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 8, 2012

RAHEEM SHABAZZ, PLAINTIFF,
v.
G.R. BEZIO, CORRECTION LT., CLINTON ANNEX CORRECTIONAL FACILITY; E. RICE, CORRECTION SGT.; CLINTON ANNEX CORRECTIONAL FACILITY; AND P. CHASE, CORRECTION LT., CLINTON ANNEX CORRECTIONAL FACILITY, DEFENDANTS.

The opinion of the court was delivered by: Hon. Norman A. Mordue, U.S. District Judge:

MEMORANDUM-DECISION AND ORDER

Defendants move (Dkt. No. 17) to dismiss the complaint under Fed. R. Civ. P. 12(b)(6). Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States Magistrate Judge David R. Homer issued a Report and Recommendation (Dkt. No. 21) recommending that defendants' motion be granted and the case dismissed.

Plaintiff objects (Dkt. No. 22). Upon de novo review pursuant to 28 U.S.C. § 636(b)(1)(C), this Court accepts Magistrate Judge Homer's Report and Recommendation and dismisses the complaint.

It is therefore ORDERED that the Report and Recommendation of United States Magistrate Judge David R. Homer (Dkt. No. 21) is accepted; and it is further

ORDERED that the motion (Dkt. No. 17) to dismiss is granted and the case dismissed; and it is further

ORDERED that the Clerk of the Court is directed to serve copies of this Memorandum-Decision and Order in accordance with the Local Rules of the Northern District of New York.

IT IS SO ORDERED.

20120208

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