LOADHOLT v. LAPE

Full title: RONALD LOADHOLT, Plaintiff, v. WILLIAM LAPE, Superintendent of Coxsackie…

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

Date published: Mar 25, 2011

9:09-CV-0658 (LEK/RFT) (N.D.N.Y. Mar. 25, 2011)

Opinion

9:09-CV-0658 (LEK/RFT).

March 25, 2011

ORDER

LAWRENCE KAHN, District Judge

This matter comes before the Court following a Report-Recommendation filed on March 3, 2011, by the Honorable Randolph F. Treece, 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. 38).

Within fourteen days 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. No objections have been raised in the allotted time with respect to Magistrate Judge Treece's Report-Recommendation. 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. 38) is APPROVED and ADOPTED; and it is further

ORDERED, that Defendant's Motion to dismiss (Dkt. No. 28) is GRANTED, and Plaintiff's Second Amended Complaint (Dkt, No 9) is DISMISSED; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.