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Wenger v. New York State Department of Health

United States District Court, N.D. New York

May 26, 2015

WALTER WENGER, Plaintiff,
v.
NEW YORK STATE DEPARTMENT OF HEALTH; MARK LANKES, Individually and as Director of DDSO Region 2; TODD PODKOWKA, Individually and as Director of Health Services; MATTHEW JOHNSON, RN, Individually and as Treatment Team Leader of IRA3; KAY H. ROMERO, Individually and as Senior Attorney for OPWDD; CHARLES ZELOWS, Individually and as Treatment Team Leader of IRA3; DAVID VIGGIANI, individually and as Due Process Hearing Officer; LAURIE A. KELLEY, Individually and as Acting Director of OPWDD; and KERRY A. DELANEY, Individually and as Acting Director of OPWDD, Defendants.

WALTER WENGER, Plaintiff pro se, Canastota, NY.

DECISION and ORDER

DAVID N. HURD, District Judge.

Pro se plaintiff Walter Wenger filed this civil rights action primarily on behalf of his son Steven Joseph Wenger, in his capacity as Steven's court appointed guardian. On April 17, 2015, the Honorable Therèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed without prejudice. No objections to the Report-Recommendation were filed.

Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).

Therefore, it is

ORDERED that

1. Plaintiff's complaint is DISMISSED without prejudice; and

2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.

IT IS SO ORDERED.


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