Opinion
Civil Action No. 9:04-cv-447 (GLS/RFT).
February 21, 2006
HAROLD JACKSON, Rome, New York, Plaintiff, Pro Se.
HON. ELIOT SPITZER, Attorney General of the State of New York, STEVEN H. SCHWARTZ, ESQ., Assistant Attorney General, Albany, New York, for Defendant Ducher.
ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Randolph F. Treece, duly filed January 31, 2006. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge Randolph F. Treece filed January 31, 2006 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED, that the Defendant Ducher's Motion for Judgment on the Pleadings (Dkt. No. 17) is GRANTED and he is DISMISSED as a Defendant in this action, and it is further
ORDERED, that the entire Amended Complaint is DISMISSED in accordance with 28 U.S.C. 1915(e)(2)(B)(ii) as failing to state any cognizable claim, and it is further
ORDERED, that the Clerk of the Court is to enter judgment in favor of Defendants and close this case.
IT IS SO ORDERED.