MORA v. BOCKELMANN

Full title: EULOGIO MORA, JR., Plaintiff, v. RICHARD J. BOCKELMANN, Sheriff of Ulster…

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

Date published: Feb 22, 2007

9:03-CV-1217 (N.D.N.Y. Feb. 22, 2007)

Opinion

9:03-CV-1217.

February 22, 2007

EULOGIO MORA, JR., Plaintiff Pro Se, No. 03-A-5105, Livingston Correctional Facility Sonyea, New York.

MICHAEL CATALINOTTO, SR., ESQ., ROBERT A. RAUSCH, ESQ., MAYNARD, O'CONNOR, SMITH CATALINOTTO, LLP, Attorney for Defendants Bockelmann, Ebel, and Sickels, Albany, New York.

F. DOUGLAS NOVOTNY, ESQ., ELIZABETH J. GROGAN, ESQ., WILSON, ELSER, MOSKOWITZ, EDELMAN DICKER, LLP, Albany, New York.

ORDER

NORMAN MORDUE, District JudgePage 2

The above matter comes to me following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed on the 29^th day of January, 2007. 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 approved.

2. Defendants' motions to dismiss the complaint pursuant to Fed.R.Civ.P. 37(d) (Docket Nos. 67, 68) are granted, and the case is terminated as to all claims and all defendants.

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.