Michel v. Manna et al, No. 9:2015cv01187 - Document 49 (N.D.N.Y 2017)
Court Description: DECISION AND ORDER: Based upon a de novo review of the portions of the 45 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 1. Plaintiff's amended complaint is DISMISSED in its entirety; and 2. The Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 9/20/17. (served on plaintiff by regular mail) (alh, )
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Michel v. Manna et al Doc. 49 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DONALD MICHEL, Plaintiff, -v- 9:15-cv-1187 (DNH/ATB) SGT. MANNA, Correctional Sergeant, Auburn Correctional Facility; LT. TABATE, Hearing Officer, Auburn Correctional Facility; and HAROLD GRAHAM, Superintendent, Auburn Correctional Facility, Defendants. -------------------------------APPEARANCES: DONALD MICHEL Plaintiff pro se 12-A-1124 Clinton Correctional Facility P.O. Box 2000 Dannemora, NY 12929 HON. ERIC T. SCHNEIDERMAN New York State Attorney General Attorney for Defendants 615 Erie Boulevard West Suite 102 Syracuse, NY 13204 TIMOTHY P. MULVEY, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Donald Michel brought this civil rights action pursuant to 42 U.S.C. § 1983. On June 27, 2017, the Honorable Andrew T. Baxter, United States Magistrate Dockets.Justia.com Judge, advised by Report-Recommendation that plaintiff's amended complaint be dismissed in its entirety for failure to state a claim. Plaintiff filed timely objections to the ReportRecommendation. 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 1. Plaintiff's amended complaint is DISMISSED in its entirety; and 2. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. Dated: September 20, 2017 Utica, New York. 2
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