Caldwell v. Winston, et al, No. 9:2009cv00580 - Document 43 (N.D.N.Y 2012)

Court Description: DECISION AND ORDER: Report-Recommendation (Dkt. No. 42 ) is accepted in whole. ORDERED, that Defendants' motion for summary judgment (Dkt. No. 32 ) is GRANTED. ORDERED, that Plaintiff's complaint is DISMISSED. ORDERED, that the Clerk is directed to file a judgment dismissing the complaint and close the file. Signed by Judge David N. Hurd on 4/3/12. (served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------CORY CALDWELL, Plaintiff, 9:09-CV-580 -v- GETTMANN, Corrections Officer, and WINSTON, Corrections Officer, Defendants. -------------------------------APPEARANCES: OF COUNSEL: CORY CALDWELL, Pro Se 07-A-6900 Upstate Correctional Facility P.O. Box 2001 Malone, NY 12953 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant 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. ยง 1983. On March 2, 2012, the Honorable David E. Peebles, United States Magistrate Judge, advised, by ReportRecommendation, that defendants' motion for summary judgment be granted and plaintiff's complaint be dismissed. 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 for summary judgment is GRANTED; and 2. Plaintiff's complaint is DISMISSED. The Clerk is directed to file a judgment dismissing the complaint and close the file. IT IS SO ORDERED. Dated: April 3, 2012 Utica, New York. -2-