Gerena v. New York State Department of Corrections and Community Supervision et al, No. 9:2013cv00953 - Document 81 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: ORDERED that 77 Report and Recommendation is accepted in whole. ORDERED that 47 Motion for Summary Judgment is GRANTED, and the complaint is DISMISSED IN ITS ENTIRETY. Signed by Judge David N. Hurd on 12/30/15.{order served via regular mail on plaintiff} (nas)
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Gerena v. New York State Department of Corrections and Community Supervision et al Doc. 81 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------CHARLES W. GERENA, Plaintiff, -v- 9:13-CV-953 (DNH/ATB) NICK PEZDEK, et al., Defendants. -------------------------------APPEARANCES: CHARLES W. GERENA Plaintiff, Pro se TIMOTHY P. MULVEY, ESQ. Asst. Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Charles W. Gerena brought this civil rights action pursuant to 42 U.S.C. § 1983. On December 8, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted, and the complaint be dismissed in its entirety. See ECF No. 77. Plaintiff submitted objections to the Report-Recommendation. See ECF No. 80. Based upon a de novo review of the Report-Recommendation to which plaintiff objected, 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 the complaint is DISMISSED IN ITS ENTIRETY; and Dockets.Justia.com 2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. The Clerk of the Court shall enter judgment and close this case. IT IS SO ORDERED. Dated: December 30, 2015 Utica, New York -2-
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