Morrishaw v. Druger

Full title: CHRISTOPHER MORRISHAW, Plaintiff, v. ROBERT DRUGER, Opthamologist New York…

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

Date published: Jun 10, 2010

9:09-CV-527 (N.D.N.Y. Jun. 10, 2010)

Opinion

9:09-CV-527.

June 10, 2010

CHRISTOPHER MORRISHAW, Plaintiff, Pro Se, 07-A-0433, Clinton Correctional facility, Dannemora, NY.

BRIAN J. O'DONNELL, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, New York.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff, Christopher Morrishaw, commenced this civil rights action in May 2009, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated May 25, 2010, the Honorable David R. Homer, United States Magistrate Judge, recommended that defendant's motion to dismiss be granted in all respects and the complaint be dismissed against Dr. Druger as to all claims. No objections to the Report-Recommendation have been filed.

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

Accordingly, it is

ORDERED that

1. Defendant's motion to dismiss (Docket No. 17) is GRANTED;

2. The complaint is DISMISSED against Dr. Druger as to all claims; and

3. The Clerk is directed to file judgment accordingly and close the file.

IT IS SO ORDERED.