Goodson v. Artus et al, No. 9:2010cv01049 - Document 37 (N.D.N.Y 2013)

Court Description: DECISION AND ORDER: Based upon a de novo review, the 35 Report-Recommendation is accepted. See 28 U.S.C. § 636(b)(1). ORDERED, that Defendants' 30 Motion for Summary Judgment is GRANTED. ORDERED, that the complaint is DISMISSED. The Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 6/6/13. (served on plaintiff by regular mail) (alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK THOMAS GOODSON, Plaintiff, 9:10-CV-1049 (DNH/TWD) vs. "JOHN" PROVOSK, Correctional Officer, Clinton Correctional Facility; "JOHN" RIO, Correctional Officer, Clinton Correctional Facility; and L. LAVALLEY, Superintendent, Clinton, Defendants. APPEARANCES: THOMAS GOODSON Plaintiff, pro se 90-T-1254 Attica Correctional Facility Box 149 Attica, NY 14011 HON. ERIC T. SCHNEIDERMAN New York State Attorney General Attorney for Respondent The Capitol Albany, NY 12224 CHRISTOPHER W. HALL, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On April 29, 2013, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised, by Report-Recommendation that defendants' motion for summary judgment be granted and the complaint be dismissed. Plaintiff timely filed objections to the ReportRecommendation. Based upon a de novo review, the Report-Recommendation is accepted. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' motion for summary judgment is GRANTED; and 2. The complaint is DISMISSED. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. Dated: June 6, 2013 Utica, New York. 2

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