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Terry v. Campbell

United States District Court, Second Circuit

September 24, 2013

HENRY TERRY, Plaintiff,
v.
BEVERLY CAMPBELL; PATRICIA SCHWARTZ; COSINO FERRARI, M.D.; VONDA JOHNSON, M.D., Defendants.

DECISION and ORDER

THOMAS J. McAVOY, Senior District Judge.

I. INTRODUCTION

This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Therèse Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). In her May 29, 2013 Report-Recommendation (Dkt. No. 25), Magistrate Judge Dancks recommends that Defendant Johnson's motion to dismiss (Dkt. No. 18) be denied. No objections to the Report-Recommendation and Order have been filed, and the time to do so has expired.

II. DISCUSSION

After examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice.

III. CONCLUSION

Accordingly, the Court ADOPTS the Report-Recommendation and Order for the reasons stated therein. Defendant Johnson's Rule 12(b)(6) motion to dismiss (Dkt. No. 18) is DENIED.

IT IS SO ORDERED.


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