Kearney v. N.Y.S. D.O.C.S. et al, No. 9:2011cv01281 - Document 39 (N.D.N.Y 2013)

Court Description: DECISION and ORDER: ORDERED that 37 Report and Recommendation is accepted and adopted in its entirety. ORDERED that 27 Motion for Summary Judgment is granted. ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED. The Clerk is directed to enter judgment in favor of the defendants and close this case. Signed by Judge Glenn T. Suddaby on 9/27/13. {order served via regular mail on plaintiff}(nas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ RICHARD KEARNEY, Plaintiff, 9:11-CV-1281 (GTS/TWD) v. N.Y.S. D.O.C.S.; and DR. KARANDY, Facility Health Servs. Dir., Great Meadow Corr. Facility, Defendants. __________________________________________ APPEARANCES: OF COUNSEL: RICHARD KEARNEY, 03-A-4948 Plaintiff, Pro Se Green Haven Correctional Facility P.O. Box 4000 Stormville, New York 12582 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Counsel for Defendants The Capitol Albany, New York 12224 C. HARRIS DAGUE, 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 Richard Kearney ( Plaintiff ) against the above-captioned entity and individual ( Defendants ), are (1) Defendants motion for summary judgment, (2) United States Magistrate Judge Therese Wiley Dancks Report-Recommendation recommending that Defendants motion be granted, and (3) Plaintiff s Objection to the Report-Recommendation. (Dkt. Nos. 27, 37, 38.) After carefully reviewing the relevant filings in this action, the Court can find no error in the ReportRecommendation, clear or otherwise: Magistrate Judge Dancks employed the proper 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. 37.) ACCORDINGLY, it is ORDERED that Magistrate Judge Dancks Report-Recommendation (Dkt. No. 37) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Defendants motion for summary judgment (Dkt. No. 27) is GRANTED in its entirety; and it is further ORDERED that Plaintiff s Complaint (Dkt. No. 1) is DISMISSED. The Clerk is directed to enter judgment in favor of the defendants and close this case. Dated: September 27, 2013 Syracuse, New York 2

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