Summary
holding that replacing plaintiff's prescription medication with over-the-counter pain medication did not constitute deliberate indifference where the plaintiff admitted to misusing the prescription medication
Summary of this case from Sepulveda v. HarrisOpinion
9:04-CV-87 (LEK/DRH).
January 23, 2007
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on September 19, 2006, by the Honorable David R. Homer, 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. 75).
Within ten days, excluding weekends and holidays, 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. In the interval of at least fifteen days since the Magistrate Judge filed the subject Report-Recommendation, no objections to it have been raised. 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. 75) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants' Motion for summary judgment (Dkt No. 66) is GRANTED; and it is further
ORDERED, that the complaint is DISMISSED WITHOUT PREJUDICE as to Defendant State of New York and all John Doe Defendants; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.