Hyatt v. Rock et al, No. 9:2015cv00089 - Document 99 (N.D.N.Y 2018)
Court Description: DECISION AND ORDER: ORDERED, that the 95 Report and Recommendations is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). ORDERED, that Defendant David A. Rock's motion for summary judgment (Dkt. No 76 ) is GRANTED and the amended complaint is DISMISSED as against him. Signed by Judge David N. Hurd on 3/23/18. (served on plaintiff by regular mail) (alh, )
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Hyatt v. Rock et al Doc. 99 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------SHANE HYATT, Plaintiff, -v- 9:15-CV-89 (DNH/DJS) DAVID A. ROCK, Former Superintendent of Upstate Correctional Facility; JAMES SPINNER, JR., Lieutenant, Upstate Correctional Facility; J. HEBERT, JR., Corrections Sergeant, Upstate Correctional Facility; MICHAEL J. EDDY, Corrections Sergeant, Upstate Correctional Facility; DAVID BICKFORD, Former Corrections Sergeant, Upstate Correctional Facility; TIMOTHY RAMSDELL, Corrections Officer, Upstate Correctional Facility; TIMOTHY ARQUITT, Corrections Officer, Upstate Correctional Facility; BETSY MITCHELL-ODDEY, Corrections Officer, Upstate Correctional Facility; BRIAN M. FOURNIER, Corrections Officer, Upstate Correctional Facility; CASEY B. KEATING, Corrections Officer, Upstate Correctional Facility; JAMIE J. WILLETT, Corrections Officer, Upstate Correctional Facility; RONALD LAROCQUE, Corrections Officer, Upstate Correctional Facility; ADAM C. RIPA, Corrections Officer, Upstate Correctional Facility; DAVID GREENE, Corrections Officer, Upstate Correctional Facility; WAYNE PALMER, Corrections Officer, Upstate Correctional Facility; and SCOTT D. LAMARE, Corrections Officer, Upstate Correctional Facility, Defendants. -------------------------------- Dockets.Justia.com APPEARANCES: SHANE HYATT Plaintiff pro se 05-A-4430 Five Points Correctional Facility Caller Box 119 Romulus, NY 14541 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 CHRISTOPHER J. HUMMEL, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Shane Hyatt brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 16, 2018, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that defendant Rock's motion for summary judgment be granted and all claims against him be dismissed. Plaintiff filed timely objections to the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that Defendant David A. Rock's motion for summary judgment is GRANTED and the amended complaint is DISMISSED as against him. 2 IT IS SO ORDERED. Dated: March 23, 2018 Utica, New York. 3
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