Hill v. Bellinier et al, No. 9:2011cv00392 - Document 63 (N.D.N.Y 2014)
Court Description: DECISION and ORDER: ORDERED that 59 Report and Recommendation is accepted and adopted in its entirety. ORDERED that 43 Motion for Summary Judgment is denied in its entirety. Signed by Judge Glenn T. Suddaby on 2/24/14. {order served via regular mail on plaintiff}(nas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ MASHAMA HILL, Plaintiff, 9:11-CV-0392 (GTS/ATB) vs. SEAN PATTERSON, Corr. Officer, Upstate Corr. Facility, Defendant. __________________________________________ APPEARANCES: OF COUNSEL: MASHAMA HILL, 20729-055 Plaintiff, Pro Se MDC Brooklyn Metropolitan Detention Center P.O. Box 329002 Brooklyn, NY 11232 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Counsel for Defendant The Capitol Albany, New York 12224 KEVIN P. HICKEY, ESQ. Assistant Attorney General GLENN T. SUDDABY, United States District Judge DECISION and ORDER Currently before the Court, in this pro se prisoner civil rights action filed by Mashama Hill ( Plaintiff ) against the above-captioned New York State correctional officer ( Defendant ), are (1) Plaintiff s motion for summary judgment, (2) United States Magistrate Judge Baxter's Report-Recommendation recommending that Plaintiff s motion for summary judgment be denied, and (3) Plaintiff s Objection to the Report-Recommendation. (Dkt. Nos. 43, 59, 60.) After carefully reviewing the relevant filings in this action, the Court can find no error in the Report-Recommendation, clear or otherwise: Magistrate Judge Baxter employed the proper legal standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 59.) ACCORDINGLY, it is ORDERED that Magistrate Judge Baxter s Report-Recommendation (Dkt. No. 59) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff s motion for summary judgment (Dkt. No. 43) is DENIED in its entirety. Dated: February 24, 2014 Syracuse, New York 2
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