Benitez v. Locastro

Full title: HENRY BENITEZ, Plaintiff, v. J. LOCASTRO, Lt., et al., Defendants

Court: United States District Court, N.D. New York

Date published: Oct 29, 2008

9:04-CV-423 (N.D.N.Y. Oct. 29, 2008)

Opinion

9:04-CV-423.

October 29, 2008

HENRY BENITEZ, 97-Z-2553, Upstate Correctional Facility, Malone, N.Y., Plaintiff, Pro Se.

SENTA B. SUIDA, ESQ., Assistant Attorney General, HON. ANDREW M. CUOMO, Attorney General for the State of New York, The Capitol, Albany, N.Y., Attorney for Defendants.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge Randolph F. Treece, duly filed on the 25^th day of October 2008. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. The Clerk is ordered to dismiss the following defendants: Amberman, Christopher, Colon, Easterbrook, Kessel, Konecny, Lennox, Leonello, Loomis, Maccucci, McNamara, Melindez, Meyers, ¹ (C.O.) Miller, Murley, Parmiter, Porten, Quinn, Roux, Sgt. Smith, Wilkinson, and Yorkey.

1 Defendant Meyers was listed incorrectly as Meyers, R. in the Report-Recommendation.

3. Discovery is closed and the dispositive motion deadline is extended to December 28, 2008.

4. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.