Sanders v. Huges, No. 9:2014cv00574 - Document 29 (N.D.N.Y 2015)

Court Description: DECISION and ORDER: ORDERED that 27 Report and Recommendation is accepted in whole. ORDERED that Defendant's motion for partial summary judgment (ECF No. 25 ) is GRANTED; Plaintiff's first and second causes of action are DISMISSED and Plaintiff's third cause of action remains for trial. Signed by Judge David N. Hurd on 9/24/15. {order served via regular mail on plaintiff}(nas)

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Sanders v. Huges Doc. 29 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ANTHONY SANDERS, Plaintiff, v. 9:14-CV-0574 (DNH/ATB) HUGES, Sergeant, Defendant. -------------------------------APPEARANCES: OF COUNSEL: ANTHONY SANDERS Plaintiff, pro se, 13-A-1242 Wyoming Correctional Facility P.O. Box 501 Attica, New York 14011 HON. ERIC T. SCHNEIDERMAN Office of the Attorney General - Albany Counsel for Defendant The Capitol Albany, New York 12224 Colleen D. Galligan, Esq. DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Anthony Sanders filed this action on May 14, 2014. On August 19, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by ReportRecommendation that defendant’s motion for partial summary judgment pursuant to Federal Rule of Civil Procedure 56 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 for partial summary judgment (ECF No. 25) is GRANTED; 2. Plaintiff’s first and second causes of action are DISMISSED; 3. Plaintiff’s third cause of action remains for trial; and 4. 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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