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noting that no objections to the Report-Recommendation had been filed
Summary of this case from Phelan v. SullivanOpinion
5:10-CV-724.
July 22, 2010
KENNETH J. PHELAN, Plaintiff, Pro Se, Five Points Correctional facility, Romulus, NY.
DECISION and ORDER
Plaintiff, Kenneth J. Phelan, commenced this civil rights action in June 2010, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated July 7, 2010, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that the complaint be dismissed in its entirety without prejudice against defendants Gavin, Tyler, Smith, Delnegro, Wagner, Lichva, Rymanowski, and Clabrese; and that the complaint be dismissed in its entirety without prejudice to the extent that it can be read to allege any claims directly against City of Albany. No objections to the Report-Recommendation have been filed.
Based upon a careful review of the file, and the recommendations of Magistrate Judge Baxter, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. The complaint is DISMISSED in its entirety without prejudice against defendants Robert Gavin, T. Tyler, R. Smith (a/k/a/Rex Smith), Dean Delnegro, Judge Wagner, Nicole M. Lichva, Lynda K. Rymanowski, and Christina Clabrese;
2. The complaint is DISMISSED in its entirety without prejudice to the extent that it can be read to allege any claims directly against the City of Albany;
3. The Clerk is directed to serve a copy of this order upon the plaintiff, complete the directives contained in the order of July 7, and refer the matter back to the Magistrate Judge for any further pretrial proceedings.
IT IS SO ORDERED.