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BENJAMIN v. KOOI

United States District Court, N.D. New York
Mar 17, 2010
9:07-CV-0506 (LEK/DRH) (N.D.N.Y. Mar. 17, 2010)

Summary

denying plaintiff two to three meals and bedding for a full day did not violate Eighth Amendment

Summary of this case from Felmine v. City of New York

Opinion

9:07-CV-0506 (LEK/DRH).

March 17, 2010


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on February 25, 2010, by the Honorable David R. Homer, 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. 48.

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 Homer's 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. 48) is APPROVED and ADOPTED in its entirety; and it is further

ORDERED, that Defendants' Motion for summary judgment (Dkt. No. 42) is GRANTED; and it is further

ORDERED, that Plaintiff's Cross-Motion for summary judgment (Dkt. Nos. 44) is DENIED; and it is further

ORDERED, that Plaintiff's Complaint (Dkt. No. 1) in this action is DISMISSED in its entirety; and it is further

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

IT IS SO ORDERED.


Summaries of

BENJAMIN v. KOOI

United States District Court, N.D. New York
Mar 17, 2010
9:07-CV-0506 (LEK/DRH) (N.D.N.Y. Mar. 17, 2010)

denying plaintiff two to three meals and bedding for a full day did not violate Eighth Amendment

Summary of this case from Felmine v. City of New York
Case details for

BENJAMIN v. KOOI

Case Details

Full title:RABINDRANATH BENJAMIN, Plaintiff, v. PANG LAY KOOI, Medical Doctor; CAROL…

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

Date published: Mar 17, 2010

Citations

9:07-CV-0506 (LEK/DRH) (N.D.N.Y. Mar. 17, 2010)

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