Reeder v. Artus et al, No. 9:2009cv00575 - Document 107 (N.D.N.Y 2013)
Court Description: DECISION and ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 106 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore it is ORDERED that 1. Defendants& #039; 105 motion to dismiss is GRANTED; and 2. The complaint is DISMISSED in its entirety. The Clerk is directed to file a judgment and close the file. Signed by Judge David N. Hurd on 5/14/2013. (ptm) (Copy served on plaintiff by regular mail)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------RASZELL REEDER, Plaintiff, No. 09-CV-575 (DNH/CFH) -v- MENARD, Sergeant; TUCKER, Correctional Officer; MARTIN, Correctional Officer; and SHUTTS, C.O., Defendants. -------------------------------APPEARANCES: OF COUNSEL: RASZELL REEDER Pro Se Plaintiff 94-A-6388 Upstate Correctional Facility Post Office Box 2001 Malone, NY 12953 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorneys for Defendants The Capitol Albany, NY 12224 ADRIENNE J. KERWIN, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On March 26, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by ReportRecommendation that defendants' motion to dismiss for failure to prosecute be granted and that the action 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; and 2. The complaint is DISMISSED in its entirety. The Clerk is directed to file a judgment and close the file. IT IS SO ORDERED. Dated: May 14, 2013 Utica, New York. -2-
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