Opinion
9:10-CV-0312 (LEK/DEP)
02-06-2012
RAYMOND GONZALEZ, Plaintiff, v. DR. DONALD SAWYER; DR. SHADIA HANNA; TODD HARMON, Security Hospital Treatment Assistant; THOMAS NITTI, Security Hospital Treatment Assistant; MICHAEL NICOTERA, Security Hospital Treatment Assistant; and J. NADEAU, Security Hospital Treatment Assistant, Defendants.
ORDER
This matter comes before the Court following a Report-Recommendation filed on January 6, 2012, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 40). Within fourteen days after a party has been served with a copy of a magistrate judge's report-recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1(c). No objections have been raised in the allotted time with respect to Judge Peebles' Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 40) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants' Motion to dismiss Plaintiff's Complaint for failure to appear for deposition (Dkt. No. 36) is DENIED; and it is further
ORDERED, that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED without prejudice against Defendant J. Nadeau, based upon Plaintiff's failure to effectuate service upon that Defendant within the prescribed time periods; and it is further
ORDERED, that the Clerk serve a copy of this Order on the parties.
IT IS SO ORDERED.
DATED: February 06, 2012
Albany, New York
______________________
Lawrence E. Kahn
U.S. District Judge