Davis v. Cowin, No. 9:2010cv00081 - Document 23 (N.D.N.Y 2011)
Court Description: DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 22 ) is accepted in whole. See 28 U.S.C. 636(b)(1). ORDERED, that defendant's motion for summary judgment (Dkt. No. 17 ) pursuant to Federal Rule of Civil Procedure 56 is GRANTED. Signed by Judge David N. Hurd on 9/27/11. (served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------TOUSSAINT DAVIS, Plaintiff, -vs- 9:10-CV-0081 TIMOTHY H. COWIN, Commissioner, Defendant. -------------------------------APPEARANCES: OF COUNSEL: TOUSSAINT DAVIS, pro se Onondaga County Correctional Facility P.O. Box 143 Jamesville, NY 13078 Onondaga County Department of Law John H. Mulroy Civic Center 421 Montgomery Street, 10th Floor Syracuse, NY 13202 CAROL L. RHINEHART, 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 August 12, 2011, the Honorable George H. Lowe, United States Magistrate Judge, advised, by ReportRecommendation, 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.1 1 O bjections to the R eport-R ecom m endation w ere due by August 26, 2011. O n Septem ber 7, 2011, the undersigned w as advised that plaintiff m oved facilities. Per the D epartm ent of C orrections and (continued...) 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). Accordingly, it is ORDERED that defendant's motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 is GRANTED. IT IS SO ORDERED. Dated: September 27, 2011 Utica, New York. 1 (...continued) C om m unity Supervision Inm ate Locator, plaintiff m ay be housed at C linton C orrectional Facility. A C hange of Address form w as served on plaintiff by regular m ail at Clinton C orrectional Facility. As of Septem ber 26, 2011, plaintiff had not filed a change of address w ith the C ourt. -2-
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