Johnson v. Fischer et al, No. 9:2012cv00210 - Document 95 (N.D.N.Y 2015)

Court Description: DECISION AND ORDER: The 92 Report-Recommendation is accepted and adopted in all respects. ORDERED that Defendants' 82 motion for summary judgment is GRANTED and plaintiff's complaint is DISMISSED in its entirety. Signed by Judge David N. Hurd on 2/17/15. (served on plaintiff by regular mail) (alh, )

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Johnson v. Fischer et al Doc. 95 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------KEVIN J. JOHNSON, Plaintiff, No. 9:12-CV-0210 (DNH/TWD) -vBRIAN FISCHER; and HAROLD H. GRAHAM, Defendants. -------------------------------APPEARANCES: OF COUNSEL: KEVIN J. JOHNSON, 98-B-0132 Plaintiff pro se Wyoming Correctional Facility P.O. Box 501 Attica, NY 14011 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 CATHY Y. SHEEHAN, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Kevin J. Johnson brought this civil rights action pursuant to 42 U.S.C. § 1983. On August 5, 2014, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 be granted and plaintiff's complaint be dismissed. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommendation to which Dockets.Justia.com 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; 2. Plaintiff's complaint is DISMISSED in its entirety; and 3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules and close the file. IT IS SO ORDERED. Dated: February 17, 2015 Utica, New York. -2-

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