Tyson v. Vasile JL et al, No. 9:2017cv00874 - Document 33 (N.D.N.Y 2018)
Court Description: DECISION AND ORDER: ORDERED that 32 Report and Recommendation is accepted in whole. ORDERED that 22 Motion for Summary Judgment is GRANTED and Plaintiff's complaint is DISMISSED in its entirety. Signed by Judge David N. Hurd on 9/11/18. {order served via regular mail on plaintiff}(nas, )
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Tyson v. Vasile JL et al Doc. 33 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------KENNETH TYSON, Plaintiff, -v- 9:17-CV-874 (DNH/DEP) VASILE JL, LT; and T. COMPO, C.O., Defendants. -------------------------------APPEARANCES: OF COUNSEL: KENNETH TYSON Plaintiff, pro se 15-A-2954 Elmira Correctional Facility P.O. Box 500 Elmira, NY 14902 BARBARA D. UNDERWOOD Attorney General of the State of New York Attorney for Defendants 615 Erie Boulevard West Suite 102 Syracuse, NY 13204 TIMOTHY P. MULVEY, ESQ. Assistant Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Kenneth Tyson brought this civil rights action pursuant to 42 U.S.C. § 1983. On August 6, 2018, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment Dockets.Justia.com be granted and the complaint be dismissed. No objections to the Report-Recommendation were filed. Based upon a careful review of the Report-Recommendation, the ReportRecommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' motion for summary judgment is GRANTED; and 2. Plaintiff's complaint is DISMISSED in its entirety. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. Dated: September 11, 2018 Utica, New York. -2-
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