Brownlee v. Graham et al, No. 9:2012cv00400 - Document 64 (N.D.N.Y 2013)
Court Description: DECISION AND ORDER: ORDERED, that the 63 Report and Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED, that Defendants' motion for summary judgment (Dkt. No. 53 ) is GRANTED. ORDERED, that Plaintiff's complaint is DISMISSED in its entirety. ORDERED, that the Clerk is directed to file a judgment accordingly and close the file. Signed by Judge David N. Hurd on 11/5/13. (served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------BENJAMIN BROWNLEE, Plaintiff, No. 9:12-CV-400 -vHAROLD GRAHAM, Superintendent; EARL BELL, Captain; M.P. BROWN, Lieutenant; C.M. PARRY, Sergeant; K. EVIN HESSE, Correctional Officer; WALTES, Correctional Officer; ZEHR, Correctional Officer; MICHAEL HUTCHINGS, Correctional Officer; JOANNE REILLEY, Registered Nurse; ROBINSON, Deputy Superintendent of Security; THOMAS, Deputy Superintendent of Programs, all defendants employed at Auburn Correctional Facility, Defendants. -------------------------------APPEARANCES: OF COUNSEL: BENJAMIN BROWNLEE Plaintiff pro se 10-A-1145 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 DAVID N. HURD United States District Judge C. HARRIS DAGUE, ESQ. Ass't Attorney General DECISION and ORDER Pro se plaintiff Benjamin Brownlee brought this action pursuant to 42 U.S.C. § 1983. On October 11, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted and plaintiff's complaint be dismissed in its entirety. 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 for summary judgment is GRANTED; and 2. Plaintiff's complaint is DISMISSED in its entirety. The Clerk is directed to file a judgment accordingly and close the file. IT IS SO ORDERED. Dated: November 5, 2013 Utica, New York. -2-
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