Lacey v. Byno, et al, No. 9:2015cv00539 - Document 43 (N.D.N.Y 2017)

Court Description: DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 41 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that:(1) Defendants� 39; motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 (ECF No. 30 ) is GRANTED; (2) The Complaint is DISMISSED IN ITS ENTIRETY; (3) 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 the case. Signed by Judge David N. Hurd on 3/22/17. (served on plaintiff by regular mail)(alh, )
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Lacey v. Byno, et al Doc. 43 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------WILLIAM LACEY, Plaintiff, -v- 9:15-CV-0539 (DNH/CFH) M. BYNO, Nurse, Upstate Correctional Facility; KOWALCHUK, Physician Assistant, Upstate Correctional Facility; DONALD G. UHLER, Superintendent, Upstate Correctional Facility; E. BELL, Acting Superintendent, Upstate Correctional Facility; J. BULLOCK, Correctional Officer, Upstate Correctional Facility; Defendants. -------------------------------APPEARANCES: OF COUNSEL: WILLIAM LACEY Plaintiff, Pro Se 14-A-1585 Mohawk Correctional Facility P.O. Box 8451 Rome, New York 13440 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorneys for Defendants The Capitol Albany, New York 12224 ORIANA L. CARRAVETTA, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff William Lacey brought this civil rights action pursuant to 42 U.S.C. Dockets.Justia.com § 1983. See Complaint, ECF No. 1. On January 3, 2017, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that the defendants’ motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 (ECF No. 30) be granted. No objections to the Report-Recommendation have been 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) Defendants’ motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 (ECF No. 30) is GRANTED; (2) The Complaint is DISMISSED IN ITS ENTIRETY; (3) 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 the case IT IS SO ORDERED. Dated: March 22, 2017 Utica, New York -2-