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Lawson Holland v. Dr. Lester Wright; Dr. C. Moehs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 7, 2012

LAWSON HOLLAND, PLAINTIFF,
v.
DR. LESTER WRIGHT; DR. C. MOEHS, CAPE VINCENT CORRECTIONAL FACILITY; B. BICKEL, CAPE VINCENT CORRECTIONAL FACILITY; MR. SHANNON, CAPE VINCENT CORRECTIONAL FACILITY; MCAULIFFE, CAPE VINCENT CORRECTIONAL FACILITY; AND DR. PALAO, CAPE VINCENT CORRECTIONAL FACILITY, DEFENDANTS.

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

ORDER

Currently before the Court is Magistrate Judge Lowe's February 9, 2012 Report and Recommendation, see Dkt. No. 36, to which the parties have not 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 that 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 Lowe's February 9, 2012 Report and Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Lowe's February 9, 2012 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Plaintiff's complaint is DISMISSED without prejudice to renewal upon his payment of the $75 appearance fee and his agreement to appear for a deposition that Defendants will notice;*fn1 and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case; and the Court further

ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules.

IT IS SO ORDERED.


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