Smith v. Rock et al, No. 9:2012cv01153 - Document 59 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: ORDERED that 57 REPORT AND RECOMMENDATION is accepted in whole. ORDERED that Defendant's motion to dismiss (ECF No. 56 ) is GRANTED with prejudice and Plaintiff's complaint is DISMISSED IN ITS ENTIRETY. Signed by Judge David N. Hurd on 9/24/15. {order served via regular mail on plaintiff}(nas)
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Smith v. Rock et al Doc. 59 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------PAUL SMITH, Plaintiff, v. 9:12-CV-1153 (DNH/TWD) DONALD UHLER, LIEUTENANT ANCTEL, L. STICKNEY, Defendants. -------------------------------APPEARANCES: OF COUNSEL: PAUL SMITH 00-A-2268 Plaintiff, pro se Five Points Correctional Facility, Caller Box 119 Romulus, New York 14541 HON. ERIC T. SCHNEIDERMAN Office of the Attorney General - Albany Counsel for Respondent The Capitol Albany, New York 12224 CHRISTOPHER W. HALL, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Paul Smith filed this action on July 18, 2012. On June 24, 2015, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by ReportRecommendation that defendant’s motion to dismiss pursuant to Federal Rule of Civil Procedure 37 be granted. No objections to the Report-Recommendation were filed. Dockets.Justia.com 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. Defendant’s motion to dismiss (ECF No. 56) is GRANTED with prejudice; 2. Plaintiff’s complaint is DISMISSED IN ITS ENTIRETY; and 3. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. IT IS SO ORDERED. Dated: September 24, 2015 Utica, New York. -2-
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