Opinion
9:16-CV-1284 (TJM/DEP)
05-31-2018
MIGUEL MEDINA, Plaintiff, v. SGT. SHEEHAN, Albany County Correctional Facility; and JANE DOE, Nurse II, Defendants.
Thomas J. McAvoy, S.U.S.D.J. :
DECISION & ORDER
This action, brought pursuant to 42 U.S.C. § 1983, was referred by the Court to the Honorable David E. Peebles, Chief United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
Magistrate Judge Peebles' Report-Recommendation, issued March 23, 2018, recommends dismissal of all Plaintiff's claims against the Doe defendant be dismissed and that the Doe defendant be terminated from the action. See dkt. # 35. No objections to the Report-Recommendation have been filed. After examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. The Court therefore accepts and adopts the Report-Recommendation for the reasons stated therein.
As such, the Court ACCEPTS and ADOPTS the Report-Recommendation of Magistrate Judge Peebles, dkt. # 35. Plaintiff's claims against the Doe defendant are hereby DISMISSED. The Clerk of the Court is DIRECTED to TERMINATE Defendant Jane Doe (Nurse II) from the action.
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge
IT IS SO ORDERED.
Dated: May 31, 2018