Willis v. Nally et al, No. 9:2004cv01176 - Document 36 (N.D.N.Y 2009)

Court Description: DECISION and ORDER: ORDERED that the 35 Report-Recommendation is accepted in whole; ORDERED that defendants' 28 motion to dismiss is GRANTED and the complaint is DISMISSED in its entirety. Signed by Judge David N. Hurd on 4/20/2009. {Order served on plaintiff via regular mail} (mgh)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DEXTER WILLIS Plaintiff, vs 9:04-CV-1176 MICHAEL NALLY, et al. Defendant. -------------------------------APPEARANCES: OF COUNSEL: DEXTER WILLIS, Plaintiff, pro se 140 Menahan St. 3-E Brooklyn, NY 11221 Office of the United States Attorney - Syracuse 100 South Clinton Street Syracuse, NY 13261-7198 WILLIAM H. PEASE, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. ยง 1983. On March 13, 2009, the Honorable Randolph F. Treece, United States Magistrate Judge, advised, by Report-Recommendation, that defendants motion to dismiss be granted, and the complaint be dismissed in its entirety. No objections to the Report-Recommendation were filed. Based upon a careful review of entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that defendants motion to dismiss is GRANTED and the complaint is DISMISSED in its entirety. IT IS SO ORDERED. Dated: April 20, 2009 Utica, New York. - 2 -

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