Merritt v. Hicks, et al., No. 9:2018cv01067 - Document 40 (N.D.N.Y 2020)
Court Description: DECISION AND ORDER: Based upon a careful review of entire file and the recommendations of the Magistrate Judge, the 37 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that Defendants' [30 ] motion for summary judgment is GRANTED and the 1 Complaint is DISMISSED IN ITS ENTIRETY; and The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. Signed by Judge David N. Hurd on September 30, 2020. (Copy served via regular and certified mail on plaintiff).(rep)
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Merritt v. Hicks, et al. Doc. 40 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ELIJHA MERRITT, Plaintiff, -v- 9:18-CV-1067 (DNH/TWD) J. HICKS, Sergeant, Governeur Correctional Facility; NURSE S. FURGISON, Governeur Correctional Facility; DR. S. RAMINENI, Mohawk Correctional Facility; SARAH VAN VORST, Regional Health Service Administrator; and CARL J. KOENIGSMANN, Deputy Commissioner Chief Medical Officer, Defendants. -------------------------------APPEARANCES: OF COUNSEL: ELIJHA MERRITT Plaintiff pro se P.O. Box 592 Elmira, NY 14901 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 WILLIAM A. SCOTT, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Elijha Merritt brought this civil rights action pursuant to 42 U.S.C. § 1983. On August 3, 2020, the Honorable Thérèse Wiley Dancks, United States Magistrate Dockets.Justia.com Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted and the Complaint be dismissed in its entirety. No objections to the Report-Recommendation were filed. Based upon a careful review of 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 is GRANTED and the 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 30, 2020 Utica, New York. -2-
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