Simmons v. Uhler et al, No. 9:2014cv01419 - Document 22 (N.D.N.Y 2015)

Court Description: DECISION AND ORDER: ORDERED, that the 19 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that Defendant's motion for summary judgment (Dkt. No. 13 ) is GRANTED. ORDERED, that Plaintiff's complaint is DISMISSED IN ITS ENTIRETY. Signed by Judge David N. Hurd on 9/24/15. (served on plaintiff by regular mail) (alh, ) (Main Document 22 replaced on 9/24/2015) (alh, ).

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Simmons v. Uhler et al Doc. 22 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------SERVISIO SIMMON, Plaintiff, v. 9:14-CV-1419 (DNH/ATB) D. UHLER, et al., Defendants. -------------------------------APPEARANCES: OF COUNSEL: SERVISIO SIMMON Plaintiff, pro se, 07-A-1347 Auburn Correctional Facility P.O. Box 618 Auburn, New York 13021 HON. ERIC T. SCHNEIDERMAN Office of the Attorney General - Albany Counsel for Defendant The Capitol Albany, New York 12224 Oriana L. Carravetta, Esq. DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Servisio Simmon filed this action on November 24, 2014. On August 19, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendant’s motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 be granted. No objections to the Report-Recommendation were filed. Dockets.Justia.com 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. Defendant’s motion for summary judgment (ECF No. 13) is GRANTED; 2. Plaintiff’s complaint is DISMISSED IN ITS ENTIRETY; and 3. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. IT IS SO ORDERED. Dated: September 24, 2015 Utica, New York. -2-

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