Parson v. York et al, No. 9:2016cv00167 - Document 59 (N.D.N.Y 2018)

Court Description: DECISION AND ORDER: Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the 53 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDER ED that 1. Defendant's 46 motion for summary judgment is GRANTED; and 2. Plaintiff's amended complaint is DISMISSED in its entirety, with prejudice.The Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 9/5/18. (served on plaintiff by regular and certified mail) (alh, )

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Parson v. York et al Doc. 59 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DRAHCIR PARSON, Plaintiff, -v- 9:16-CV-167 (DNH/CFH) CHRISTOPHER MILLER, Superintendent, Great Meadow Correctional Facility, Defendant. -------------------------------APPEARANCES: DRAHCIR PARSON Plaintiff pro se 917 Altamont Avenue Schenectady, NY 12303 BARBARA D. UNDERWOOD Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 MARK G. MITCHELL, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Drahcir Parson brought this civil rights action pursuant to 42 U.S.C. § 1983. On May 25, 2018, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion for summary judgment be granted and that the amended complaint be dismissed in its entirety. Plaintiff filed timely objections to the Report-Recommendation. Dockets.Justia.com 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. Defendant's motion for summary judgment is GRANTED; and 2. Plaintiff's amended complaint is DISMISSED in its entirety, with prejudice. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. Dated: September 5, 2018 Utica, New York. 2

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