Dorsey v. Beebee et al, No. 9:2010cv01030 - Document 128 (N.D.N.Y 2014)

Court Description: DECISION AND ORDER: 126 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). ORDERED, that Defendants' 120 Motion for Summary Judgment is GRANTED. ORDERED, that the second amended complaint is DISMISSED in its entirety. ORDERED, that the Clerk is directed to enter Judgment accordingly. Signed by Judge David N. Hurd on 11/5/14. (served on plaintiff by regular mail) (alh, )

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Dorsey v. Beebee et al Doc. 128 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------LEROY DORSEY, Plaintiff, No. 9:10-CV-1030 (DNH/CFH) -vFRANK INGERSON, Officer 3-11 P.M. shift; S. GROOM, Officer, Special Housing Unit, F-1 Company, 7-3, 8-4, Great Meadow Correctional Facility; and SERGEANT C.S. COLLINS, Defendants. -------------------------------APPEARANCES: OF COUNSEL: LEROY DORSEY Plaintiff Pro se 97-A-3442 Elmira Correctional Facility P.O. Box 500 Elmira, NY 14902 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 JUSTIN L. ENGEL, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Leroy Dorsey brought this civil rights action pursuant to 42 U.S.C. § 1983. On October 9, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted. Plaintiff timely filed objections to the Report-Recommendation. Dockets.Justia.com Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' motion for summary judgment is GRANTED; 2. The second amended complaint is DISMISSED in its entirety; and 3. The Clerk is directed to enter Judgment accordingly, serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules and close the file. IT IS SO ORDERED. Dated: November 5, 2014 Utica, New York. -2-

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