Summary
granting summary judgment where, inter alia, a pinched wrist nerve generally was not considered a serious medical need
Summary of this case from Bembo v. Cnty. of NiagaraOpinion
No. 9:02-CV-1365.
May 1, 2006
DONALD MACK BENNETT, Plaintiff, pro se, Open Arms Men's Shelter White Plains, NY.
HON. ELIOT SPITZER, Attorney General for the State of New York, NELSON SHEINGOLD, Assistant Attorney General, Attorney for Respondent Department of Law The Capitol, Albany, New York.
ORDER
The above-captioned matter having been presented to me by the Report-Recommendation of Magistrate Judge George H. Lowe filed March 31, 2006, and the Court having reviewed the Report-Recommendation and the entire file in this matter; and Judge Lowe's Report-Recommendation which was mailed to plaintiff's last known address, but was returned to the Clerk's office marked "Return to Sender". Under Local Rule 41.2(b), failure to notify the Court of a change of address as required by Local Rule 10.1(b) may result in dismissal of the action. Therefore, in light of Plaintiff's failure to notify the Court of his change of address, it is hereby
ORDERED, that the Report-Recommendation filed by Magistrate Judge George H. Lowe filed on March 31, 2006, is, for the reasons stated therein, ACCEPTED in its entirety; and it is further
ORDERED, that Defendant's motion for summary judgment is GRANTED, and it is further
ORDERED, that the Clerk of the Court is to enter judgment in favor of Defendant and CLOSE this case.
IT IS SO ORDERED.