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Kelly v. Barrette

United States District Court, N.D. New York
Mar 22, 2006
No. 9:03-CV-0694 (N.D.N.Y. Mar. 22, 2006)

Opinion

No. 9:03-CV-0694.

March 22, 2006


DECISION ORDER


This civil action was referred by this Court to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the Report and Recommendation dated December 6, 2005 have been filed. Furthermore, after examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report and Recommendation for the reasons stated therein.

It is therefore,

ORDERED that Defendants' motion for partial judgment on the pleadings (dkt. # 33) is GRANTED, and all claims against Defendants for damages in their official capacities, and arising under state common law, are DISMISSED.


Summaries of

Kelly v. Barrette

United States District Court, N.D. New York
Mar 22, 2006
No. 9:03-CV-0694 (N.D.N.Y. Mar. 22, 2006)
Case details for

Kelly v. Barrette

Case Details

Full title:JUNIOR KELLY, Plaintiff, v. C. BARRETTE, et al., Defendants

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

Date published: Mar 22, 2006

Citations

No. 9:03-CV-0694 (N.D.N.Y. Mar. 22, 2006)