Munoz v. Superintendent/Warden et al, No. 9:2011cv00111 - Document 48 (N.D.N.Y 2013)
Court Description: DECISION AND ORDER: ORDERED, that the Report and Recommendation (Dkt. No. 46) is accepted in whole. ORDERED, that Defendants' motion for summary judgment (Dkt. No. 38 ) is GRANTED and the action is DISMISSED with prejudice. The Clerk is directed to close the file. Signed by Judge David N. Hurd on 4/8/13. (served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------MAURICIO MUNOZ, Plaintiff, 9:11-CV-0111 (DNH/TWD) -v- PAUL MONPETIT; M. PUTNEY; and CALVIN RABSATT, Defendants. -------------------------------APPEARANCES: OF COUNSEL: MAURICIO MUNOZ Plaintiff pro se Bayside State Prison 4293 Route 47 P.O. Box F1 Leesburg, NJ 08327 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorneys for Defendants The Capitol Albany, NY 12224 LAURA A. SPRAGUE, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On February 28, 2013, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised, by ReportRecommendation, that defendants' pre-answer motion for summary judgment be granted and the action be dismissed with prejudice. 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 Defendants' motion for summary judgment is GRANTED and the action is DISMISSED with prejudice. The Clerk is directed to close the file. IT IS SO ORDERED. Dated: April 8, 2013 Utica, New York. -2-
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