Hamilton v. New York City Municipal et al, No. 9:2011cv00348 - Document 22 (N.D.N.Y 2012)
Court Description: DECISION AND ORDER: The Report and Recommendation (Dkt. No. 20 ) is accepted in whole. ORDERED, that Defendant New York City Municipal's motion to dismiss (Dkt. No. 15 ) for failure to state a claim pursuant to Federal Rule of Civil Procedur e 12(b)(6) is GRANTED. ORDERED, that Defendant Andrea B. Evans' motion for judgment on the pleadings (Dkt. No. 9 ) pursuant to Rule 12(c) is GRANTED. ORDERED, that Plaintiff Derrick Hamilton's motion for a preliminary injunction (Dkt. No. 2 ) is DENIED as moot. ORDERED, that the Clerk is directed to enter judgment dismissing the complaint. Signed by Judge David N. Hurd on 2/3/12. (served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DERRICK HAMILTON, Plaintiff, 9:11-CV-0348 (DNH/DEP) -vNEW YORK CITY MUNICIPAL and ANDREA B. EVANS, Chairwoman, New York State Parole Board, Defendants. -------------------------------APPEARANCES: OF COUNSEL: DERRICK HAMILTON 93-A-5631 Plaintiff, pro se Auburn Correctional Facility P.O. Box 618 Auburn, NY 13021 LAW OFFICE OF DANIEL W. COFFEY Attorneys for Defendant New York City 119 Washington Avenue 2nd Floor Albany, NY 12210 DANIEL W. COFFEY, ESQ. HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant Evans The Capitol Albany, NY 12224 ADRIENNE J. KERWIN, 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. ยง 1983. On January 10, 2012, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report- Recommendation, that defendant New York City's motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) be granted; that defendant Evans' motion for judgment on the pleadings pursuant to Rule 12(c) be granted; and that plaintiff's motion for a preliminary injunction be denied as moot. 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. Defendant New York City Municipal's motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED; 2. Defendant Andrea B. Evans' motion for judgment on the pleadings pursuant to Rule 12(c) is GRANTED; and 3. Plaintiff Derrick Hamilton's motion for a preliminary injunction is DENIED as moot. The Clerk is directed to enter judgment dismissing the complaint. IT IS SO ORDERED. Dated: February 3, 2012 Utica, New York. -2-
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