Mills v. Fischer et al, No. 9:2011cv00896 - Document 49 (N.D.N.Y 2013)

Court Description: DECISION and ORDER: ORDERED that 1. Defendants' motion for summary judgment is GRANTED; 2. Plaintiff's motion for appointment of counsel is DENIED; and 3. Plaintiff's complaint is DISMISSED in its entirety. The Clerk is directed to serve a copy of this Decision and Order in accordance with the Local Rules and enter a judgment dismissing the complaint. Signed by Judge David N. Hurd on 2/11/2013. (ptm) (Copy served on plaintiff by regular mail)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DENNIS J. MILLS, Plaintiff, -v- 9:11-CV-00896 BRIAN FISCHER, Commissioner, DOCS; K. NORCROSS, A.S.A.T., Counselor; D. DRAKE, A.S.A.T., Counselor; MR. STACEY, A.S.A.T., Counselor; MS. LANGLIAS, A.S.A.T., Counselor; and CHRIS LIBERTY, Senior Counselor/ Programs/TAC Committee, Defendants. -------------------------------APPEARANCES: OF COUNSEL: DENNIS J. MILLS Plaintiff Pro Se 2571 School Street, Apt. A Attica, New York 14011 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 MICHAEL G. McCARTIN, 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 January 2, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation that defendants' motion for summary judgment be granted and plaintiff's motion for appointment of counsel be denied. Plaintiff timely filed objections to the Report-Recommendation. 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; 2. Plaintiff's motion for appointment of counsel is DENIED; and 3. Plaintiff's complaint is DISMISSED in its entirety. The Clerk is directed to serve a copy of this Decision and Order in accordance with the Local Rules and enter a judgment dismissing the complaint. IT IS SO ORDERED. Dated: February 11, 2013 Utica, New York. -2-

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