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Toole v. Connell

United States District Court, N.D. New York
Sep 10, 2008
9:04-CV-0724 (LEK/DEP) (N.D.N.Y. Sep. 10, 2008)

Summary

noting that a supervisory defendant cannot be liable for failing to investigate or correct conduct that has already been found to be not actionable under § 1983

Summary of this case from Santos v. Wood

Opinion

9:04-CV-0724 (LEK/DEP).

September 10, 2008


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on August 1, 2008, by the Honorable David E. Peebles, 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. 62).

Within ten days, excluding weekends and holidays, 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 Judge Peebles' 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. 62) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendant's Motion for summary judgment (Dkt. No. 53) is GRANTED; and it is further ORDERED, that the remaining claims contained within the Plaintiff's Complaint (Dkt. No. 1) are DISMISSED; and it is further

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

IT IS SO ORDERED.


Summaries of

Toole v. Connell

United States District Court, N.D. New York
Sep 10, 2008
9:04-CV-0724 (LEK/DEP) (N.D.N.Y. Sep. 10, 2008)

noting that a supervisory defendant cannot be liable for failing to investigate or correct conduct that has already been found to be not actionable under § 1983

Summary of this case from Santos v. Wood
Case details for

Toole v. Connell

Case Details

Full title:LAWRENCE TOOLE, Plaintiff, v. SUSAN A. CONNELL, et al., Defendant

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

Date published: Sep 10, 2008

Citations

9:04-CV-0724 (LEK/DEP) (N.D.N.Y. Sep. 10, 2008)

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