Brown v. Fischer et al, No. 9:2011cv01298 - Document 86 (N.D.N.Y 2013)
Court Description: DECISION and ORDER: Based upon a de novo determination of the portions of the Report- Recommendation to which plaintiff objected, the 71 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' 56 motion for summary judgment is GRANTED; and 2. Plaintiff's amended complaint is DISMISSED with prejudice. The Clerk is directed to file judgment accordingly and close the file. Signed by Judge David N. Hurd on 8/6/2013. (ptm) (Copy served on plaintif by regular mail)
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Brown v. Fischer et al Doc. 86 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------KURELL BROWN, Plaintiff, -v- 9:11-CV-1298 R. W. DREYFUS and NORMAN BEZIO, Defendants. -------------------------------APPEARANCES: OF COUNSEL: KURELL BROWN Plaintiff pro se 06-A-1186 Upstate Correctional Facility P.O. Box 2001 Malone, NY 12953 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant 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 April 30, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for summary judgment be granted and the Dockets.Justia.com amended complaint be dismissed with prejudice. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo determination of the portions of the ReportRecommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' motion for summary judgment is GRANTED; and 2. Plaintiff's amended complaint is DISMISSED with prejudice. The Clerk is directed to file judgment accordingly and close the file. IT IS SO ORDERED. Dated: August 6, 2013 Utica, New York. -2-
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