Citation Codes Equivalent Citations citation codes Docket Number Civ. No. 9:04-CV-1075 (FJS/RFT). Motions Motion to dismiss : Granted Attorney(S) LEROY BROWN, Plaintiff, Pro Se, 875-06-02225, R.N.D.C., East Elmhurst, New York. HON. ANDREW M. CUOMO, Attorney General of the State of New York, JANICE A. DEAN, ESQ., Asst. Attorney General, Attorney for Defendant Lee, New York State Department of Law, Albany, New York. Judges Frederick James Scullin See more information ... Smart Summary Please sign up to generate summary. LEROY BROWN, Plaintiff, v. K. LEE, Doctor at Clinton Correctional Facility; J. MITCHELL, Health Ser DECISION AND ORDER FREDERICK SCULLIN JR., Chief Judge The above-captioned matter having been presented to me by the Report-Recommendation and Order of Magistrate Judge Randolph F. Treece filed February 7, 2007 and the Court having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report-Recommendation having been filed, it is hereby ORDERED, that the Report-Recommendation and Order of Magistrate Judge Randolph F. Treece filed February 7, 2007 is ACCEPTED in its entirety, for the reasons stated therein; and it is further ORDERED, that Defendant's Motion to Dismiss pursuant to Fed.R.Civ.P. 37(b) (Dkt. No. 28) is GRANTED and this action is DISMISSED; and it is further ORDERED, that the Clerk of the Court is to enter judgment in favor of the Defendant and close this case. IT IS SO ORDERED.