Young v. Monington, No. 9:2013cv00999 - Document 29 (N.D.N.Y 2014)

Court Description: DECISION AND ORDER: ORDERED, that the 28 Report and Recommendation is accepted in whole. ORDERED, that Defendant's 17 Motion to Dismiss is GRANTED. ORDERED, that plaintiff's complaint is DISMISSED without prejudice. Signed by Judge David N. Hurd on 7/8/14. (served via regular mail on plaintiff) (alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DOUGLAS YOUNG, Plaintiff, No. 9:13-CV-999 (DNH/RFT) -vC.O. M. MONINGTON, Defendant. -------------------------------APPEARANCES: OF COUNSEL: DOUGLAS YOUNG, 06-A-4095 Plaintiff pro se Wende Correctional Facility P.O. Box 1187 Alden, NY 14004 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 GREGORY J. RODRIGUEZ, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Douglas Young brought this civil rights action pursuant to 42 U.S.C. § 1983. On June 16, 2014, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) be granted and plaintiff's complaint be dismissed without prejudice. No objections to the Report-Recommendation 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. Defendant's motion to dismiss is GRANTED; and 2. Plaintiff's complaint is DISMISSED without prejudice. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules and close the file. Dated: July 8, 2014 Utica, New York. -2-

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