Levesque v. CVPH Medical Center, No. 9:2012cv00960 - Document 158 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: ORDERED that 154 Report and Recommendation is accepted and adopted in all respects. ORDERED that 145 Motion for Summary Judgment is granted and plaintiff's complaint is dismised in its entirety. Signed by Judge David N. Hurd on 4/10/15. {order served via regular mail on plaintiff}(nas)
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Levesque v. CVPH Medical Center Doc. 158 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ANDRE R. LEVESQUE, Plaintiff, v. 9:12-CV-960 (DNH/CFH) CVPH MEDICAL CENTER, Defendant. APPEARANCES: OF COUNSEL: ANDRE R. LEVESQUE 09857-082 Plaintiff, pro se MCFP Springfield Federal Medical Center Inmate Mail/Parcels P.O. BOX 4000 Springfield, MO 65801 STAFFORD, OWENS, PILLER, MURNANE, KELLEHER & TROMBLEY, PLLC Attorneys for Defendant P.O. Box 2947 One Cumberland Avenue Plattsburgh, NY 12901 JACQUELINE M. KELLEHER, ESQ. JUSTIN R. MEYER, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Andre R. Levesque brought this civil rights action pursuant to Title III of the Americans with Disabilities Act. On March 23, 2015, the Honorable Christian F. Hum mel, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 be granted and Dockets.Justia.com the complaint be dismissed in its entirety as moot. Plaintiff timely filed objections to the Report-Recommendation and defendant responded to plaintiff's objections. Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. ยง 636(b)(1). Therefore, it is ORDERED that 1. Defendant CVPH Medical Center's 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 the parties in accordance with the Local Rules, enter judgment accordingly, and close the file. IT IS SO ORDERED. Dated: April 10, 2015 Utica, New York. 2
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