-DRH Woodard v. Shanley et al, No. 9:2010cv01121 - Document 22 (N.D.N.Y 2011)
Court Description: DECISION AND ORDER: Based upon a de novo review, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). ORDERED, that Defendants' motion for judgment on the pleadings (Dkt. No. 14 ) is GRANTED. ORDERED, that Plaintiff's motion for summary judgment (Dkt. No. 15 ) is DENIED. The Clerk is directed to file a judgment dismissing the complaint and close the file. Signed by Judge David N. Hurd on 12/29/11. (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------VICTOR WOODARD, Plaintiff, -v- 9:10-CV-1121 CAPTAIN R. SHANLEY and ALBERT PRACK, Defendants. -------------------------------APPEARANCES: OF COUNSEL: PRISONERS LEGAL SERVICES OF NEW YORK Attorneys for Plaintiff 41 State Street M112 Albany, NY 12207 JAMES M. BOGIN, ESQ. HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 C. HARRIS DAGUE, ESQ. KEVIN P. HICKEY, ESQ. Ass't Attorneys General 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 December 7, 2011, the Honorable David R. Homer, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for judgment on the pleadings be granted and plaintiff's motion for summary judgment be denied. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo review, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Therefore it is ORDERED that 1. Defendants' motion for judgment on the pleadings is GRANTED; and 2. Plaintiff's motion for summary judgment is DENIED. The Clerk is directed to file a judgment dismissing the complaint and close the file. IT IS SO ORDERED. Dated: December 29, 2011 Utica, New York. -2-
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