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Figueroa v. Holmes

United States District Court, Second Circuit

October 18, 2013

JULIO FIGUEROA, Plaintiff,
v.
MS. HOLMES, Registered Nurse, Upstate Correctional Facility; MS. N. SMITH, Nurse Administrator, Upstate Correctional Facility; and MR. PARMER, Nurse Practitioner, Upstate Correctional Facility; Defendants.

JULIO FIGUEROA, 05-A-4469, Malone, New York, Plaintiff pro se.

CHARLES J. QUACKENBUSH, AAG, OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL, Albany, New York, Attorneys for Defendants.

ORDER

FREDERICK J. SCULLIN, Jr., Senior District Judge.

Currently before the Court is Magistrate Judge Baxter's September 20, 2013 Report-Recommendation, in which he recommended that this Court grant Defendants' motion to dismiss for failure to state a claim with regard to Plaintiff's retaliation claims and deny their motion with with respect to Plaintiff's claim that Defendants were deliberately indifferent to his serious medical needs. See Dkt. 25 at 12. Plaintiff filed a letter dated October 2, 2013, stating that he does not object to the September 20, 2013 Report-Recommendation. See Dkt. 26. Defendants did not file any objections to these recommendations.

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. ยง 636(b)(1)(C)).

The Court has reviewed Magistrate Judge Baxter's September 20, 2013 Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Baxter's September 20, 2013 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Defendants' motion to dismiss is GRANTED with respect to Plaintiff's retaliation claims and DENIED with respect to Plaintiff's claim that Defendants were deliberately indifferent to his serious medical needs; and the Court further

ORDERS that this matter is referred to Magistrate Judge Baxter for all further pretrial matters; 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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