Rodriguez v. Favro et al, No. 9:2014cv00418 - Document 38 (N.D.N.Y 2016)

Court Description: DECISION AND ORDER: Based upon a de novo review of the Report-Recommendation, the 34 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED, that defendants' 26 Motion for Summary Judgment is GRANTED, and the complaint is DISMISSED. ORDERED, that the Clerk of Court shall enter judgment and close the case. Signed by Judge David N. Hurd on 3/30/16. (served on plaintiff by regular mail) (alh, )

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Rodriguez v. Favro et al Doc. 38 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------MICHAEL J. RODRIGUEZ, Plaintiff, -v- 9:14-CV-418 (DNH/DEP) DAVID FAVRO, MAJOR SMITH, and CLINTON COUNTY, Defendants. -------------------------------APPEARANCES: OF COUNSEL: MICHAEL J. RODRIGUEZ Plaintiff pro se 14-A-3203 Southport Correctional Facility P.O. Box 2000 Pine City, NY 14871 Lemire, Johnson Law Firm Attorneys for Defendants P.O. Box 2485 2534 Route 9 Malta, NY 12020 Gregg T. Johnson, Esq. Bradley J. Stevens, Esq. DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Lee Scott brought this civil rights action pursuant to 42 U.S.C. § 1983. On March 9, 2016, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be Dockets.Justia.com granted, and the complaint be dismissed in its entirety. See ECF No. 34. Plaintiff timely filed objections. See ECF No. 37. Based upon a de novo review of the Report-Recommendation, the ReportRecommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that: 1. Defendant's motion for summary judgment is GRANTED, and the complaint is DISMISSED; and 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: March 30, 2016 Utica, New York -2-

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