Demuth v. Chenango County Sheriff's Office et al, No. 9:2018cv00807 - Document 46 (N.D.N.Y 2020)

Court Description: DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the # 43 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that Defendant 9;s # 35 Motion for Summary Judgment is GRANTED; Plaintiff's Amended Complaint is DISMISSED; and the Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on January 6, 2020. (Copy served via regular mail)(rep)

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Demuth v. Chenango County Sheriff's Office et al Doc. 46 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------MICHAEL A. DEMUTH, Plaintiff, -v- 9:18-CV-807 (DNH/ATB) C.O. COWLEY, Correctional Officer, Chenango County Correctional Facility, Defendant. -------------------------------APPEARANCES: OF COUNSEL: MICHAEL A. DEMUTH Plaintiff, Pro Se 19-B-1439 Collins Correctional Facility P.O. Box 340 Collins, NY 14034 OFFICE OF FRANK W. MILLER Attorney for Defendant 6575 Kirkville Road East Syracuse, NY 13057 FRANK W. MILLER, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Michael A. Demuth brought this civil rights action pursuant to 42 U.S.C. § 1983. On October 3, 2019, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendant’s motion for summary judgment be granted and that plaintiff’s Amended Complaint be dismissed in its entirety. No Dockets.Justia.com 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. Defendant’s motion for summary judgment is GRANTED; 2. Plaintiff’s Amended Complaint is DISMISSED; and 3. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. Dated: January 6, 2020 Utica, New York. -2-

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