Wilson v. Woodbourne Correctional Facility et al, No. 9:2011cv01088 - Document 19 (N.D.N.Y 2012)

Court Description: DECISION AND ORDER: The recommendations of the Magistrate Judge, the Report-Recommendation (Dkt. No. 18 ) is accepted in whole. ORDERED, that Defendant's 14 Motion to Dismiss is GRANTED. ORDERED, that Plaintiff's complaint is DISMISSED with prejudice. The Clerk is directed to file a judgment dismissing the complaint and close the file. Signed by Judge David N. Hurd on 4/19/12. (served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------BOOKER WILSON, Plaintiff, 9:11-CV-1088 -v- DONALD DEPOLO, Woodbourne Correctional Facility, Defendant. -------------------------------APPEARANCES: OF COUNSEL: Booker Wilson, Pro Se 03-A-4856 Livingston Correctional Facility P.O. Box 91 Sonyea, NY 14556 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 JAMES SEAMAN, 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 March 21, 2012, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised, by ReportRecommendation, that defendant's motion to dismiss be granted and plaintiff's complaint be dismissed in its entirety. 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's motion to dismiss is GRANTED; and 2. Plaintiff's complaint is DISMISSED with prejudice. The Clerk is directed to file a judgment dismissing the complaint and close the file. IT IS SO ORDERED. Dated: April 19, 2012 Utica, New York. -2-