Green v. Sears et al, No. 9:2010cv00121 - Document 71 (N.D.N.Y 2013)
Court Description: DECISION AND ORDER: ORDERED, that the 70 Report and Recommendation of the Magistrate Judge, is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED, that Defendants' 60 motion for summary judgment is GRANTED. ORDERED, that Plaintiff's second amended complaint is DISMISSED in its entirety. ORDERED, that the Clerk is directed to file a judgment and close the file. Signed by Judge David N. Hurd on 11/6/13. (served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------NATHANIEL GREEN, Plaintiff, No. 9:10-CV-121 -vSGT. PATAK; and LAWRENCE KANALY, Security Captain, Defendants. -------------------------------APPEARANCES: OF COUNSEL: NATHANIEL GREEN Plaintiff pro se 1365 St. Nicholas Ave. Apt. 25K New York, NY 10033 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 C. HARRIS DAGUE, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Nathaniel Green brought this action pursuant to 42 U.S.C. § 1983. On August 28, 2013, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that defendants' second motion for summary judgment be granted and plaintiff's second amended 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 second amended complaint is DISMISSED in its entirety. The Clerk is directed to file a judgment and close the file. IT IS SO ORDERED. Dated: November 6, 2013 Utica, New York. -2-
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