Colon v. Annucci et al, No. 9:2013cv01546 - Document 32 (N.D.N.Y 2015)

Court Description: DECISION and ORDER: ORDERED that 31 Report and Recommendation is accepted in whole. ORDERED that 25 Motion to Dismiss is granted. Plaintiff's complaint is DISMISSED WITH PREJUDICE in its entirety. Signed by Judge David N. Hurd on 4/13/15. {order served via regular mail on plaintiff}(nas)

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Colon v. Annucci et al Doc. 32 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------CRISTIAN COLON, Plaintiff, 9:13-CV-1546 (DNH/ATB) -v- CAPTAIN HOLDRIDGE, Clinton Correctional Facility; LIEUTENANT ALLEN, Clinton Correctional Facility; and K. NORCROSS, ASAT PA., Clinton Correctional Facility, Defendants. -------------------------------APPEARANCES: OF COUNSEL: CRISTIAN COLON Plaintiff pro se 08-A-6183 Great Meadow Correctional Facility Box 51 Comstock, NY 12821 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants Litigation Bureau The Capitol Albany, NY 12224 JUSTIN L. ENGEL, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Cristian Colon brought this action pursuant to 42 U.S.C. § 1983. On March 20, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised Dockets.Justia.com by Report-Recommendation that defendants' motion to dismiss be granted and plaintiff's complaint be dismissed in its entirety. No objections to the Report-Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' motion to dismiss is GRANTED; 2. Plaintiff's complaint is DISMISSED WITH PREJUDICE in its entirety; and 3. The Clerk enter judgment accordingly, close the file, and serve a copy of this Decision and Order upon the parties in accordance with the Local Rules. IT IS SO ORDERED. Dated: April 13, 2015 Utica, New York. -2-

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