Kingston v. Qudsi et al, No. 9:2012cv00227 - Document 34 (N.D.N.Y 2013)

Court Description: DECISION and ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 33 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that 1. Defendants' 32 motion to dismiss pursuant to Federal Rule of Civil Procedure 37 is GRANTED; 2. Plaintiff's complaint is DISMISSED in its entirety; 3. The Clerk is directed to file a judgment accordingly; and 4. The Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules. Signed by Judge David N. Hurd on 10/17/2013. (Attachments: # 1 Report-Recommedation and Order) (ptm) (Copy served on plaintiff by regular mail)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------WINSTON KINGSTON, Plaintiff, No. 9:12-CV-227 -vVIDAR QUDSI, Dr., Altona Correctional Facility; and BRIAN FISCHER, Commissioner, DOCCS, Defendants. -------------------------------APPEARANCES: OF COUNSEL: WINSTON KINGSTON Plaintiff pro se 107-12 172 Street Jamaica Queens, NY 11433 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 C. HARRIS DAGUE, 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. § 1983. On September 10, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by ReportRecommendation that defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 37 be granted. Plaintiff did not oppose the motion. No objections to the ReportRecommendation 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. Defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 37 is GRANTED; 2. Plaintiff's complaint is DISMISSED in its entirety; 3. The Clerk is directed to file a judgment accordingly; and 4. The Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules. IT IS SO ORDERED. Dated: October 17, 2013 Utica, New York. -2-

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