White v. Fischer et al, No. 9:2009cv00240 - Document 16 (N.D.N.Y 2010)
Court Description: DECISION AND ORDER: ORDERED, that the 15 Report and Recommendation is accepted and adopted in all respects. ORDERED, that defendant's 10 Motion to Dismiss is GRANTED. ORDERED, that plaintiff's complaint in this action is DISMISSED without leave to replead. ORDERED, that the Clerk is directed to file judgment accordingly and close the file. Signed by Judge David N. Hurd on 2/18/10. (Decision and Order served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------JASON R. WHITE, Plaintiff, vs 9:09-CV-240 BRIAN FISCHER, Commissioner, Dept. of Correctional Services; THERESA A. KNAPP-DAVID, Director, Classification and Movement; and R. WOODS, Superintendent, Upstate Correctional Facility, Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ APPEARANCES: OF COUNSEL: JASON R. WHITE Plaintiff, pro se 96-B-1280 Elmira Correctional Facility Box 500 Elmira, NY 14902 HON. ANDREW M. CUOMO Attorney General of the State of New York Attorney for Defendants Department of Law The Capitol Albany, New York 12224 BRIAN J. O DONNELL, ESQ. Asst. Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff, Jason R. White, commenced this civil rights action in February 2009, pursuant to 42 U.S.C. ยง 1983. By Report-Recommendation dated January 25, 2009, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendant s motion to dismiss (Dkt. No. 10) be granted, and that plaintiff s complaint in this action be dismissed without leave to replead. No objections to the Report-Recommendation have been filed. Based upon a careful review of the entire file and the recommendations of Magistrate Judge Peebles, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Defendant s motion to dismiss (Dkt. No. 10) is GRANTED; 2. Plaintiff s complaint in this action is DISMISSED without leave to replead; and 3. The Clerk is directed to file judgment accordingly and close the file. IT IS SO ORDERED. Dated: February 18, 2010 Utica, New York. - 2 -
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