Opinion
9:12-CV-958
02-19-2013
JESUS RODRIGUEZ, Plaintiff, v. DAVID ROSNER, Medical Doctor, Watertown Correctional Facility, Defendant.
THOMAS J. McAVOY
United States District Judge
DECISION & ORDER
This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
No objections to the December 5, 2012 Report-Recommendation were raised by the parties. After examining the record, the Court determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation for the reasons stated therein.
Thus, it is ordered that: (1) Defendant's motion to dismiss be GRANTED; (2) Plaintiff's complaint be DISMISSED WITHOUT PREJUDICE; and (3) Plaintiff's motion for appointment of counsel be DENIED as moot. IT IS SO ORDERED. ______________________
Thomas J. McAvoy
Senior, U.S. District Judge