Scarbrough v. Evans

Full title: LESTER LEE SCARBROUGH, JR., Plaintiff, v. MR. EVANS, OMH Social Worker…

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

Date published: Aug 31, 2010

9:09-CV-0850 (N.D.N.Y. Aug. 31, 2010)

Opinion

9:09-CV-0850.

August 31, 2010

LESTER LEE SCARBROUGH, JR., 08-B-0351, Upstate Correctional Facility, Malone, NY, Plaintiff, pro se.

HON. ANDREW M. CUOMO, New York State Attorney General, CHRISTINA ROBERTS-RYBA, ESQ. Assistant Attorney General, Albany, NY, Counsel for Defendants.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 10^th day of August 2010. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. The Defendants' motions to dismiss (Dkt. Nos. 24, 36) are granted, and Plaintiff's complaint in this action is dismissed, with leave to replead.

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.

Dated: August 31, 2010 Syracuse, New York