Lurch, Jr. v. Bui et al, No. 9:2019cv00895 - Document 61 (N.D.N.Y 2021)

Court Description: DECISION AND ORDER: ORDERED that 59 Report and Recommendation is accepted and adopted in all respects. See FED. R. CIV. P. 72(b). Therefore, it is ORDERED that Defendants' 50 motion for summary judgment is GRANTED; and Plaintiff's amended complaint is DISMISSED. Signed by Judge David N. Hurd on 2/4/2021. {order served via regular mail on plaintiff}(nas )

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Lurch, Jr. v. Bui et al Doc. 61 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------ROBERT DEREK LURCH, JR., Plaintiff, -v- 9:19-CV-895 AARON JONES et al., Defendants. ----------------------------------APPEARANCES: OF COUNSEL: Robert Derek Lurch, Jr. Plaintiff, Pro Se 4412001916 George R. Vierno Center 09-09 Hazen Street East Elmhurst, NY 11370 HON. LETITIA JAMES New York State Attorney General Attorneys for Defendants 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 Robert Derek Lurch, Jr. ("plaintiff") filed this action alleging that defendants violated his civil rights while he was in the custody of the New York State Department of Corrections and Community Supervision. On December 8, 2020, U.S. Magistrate Judge Daniel J. Stewart advised by Report & Recommendation that defendants' Dockets.Justia.com motion for summary judgment be granted and that plaintiff's amended complaint be dismissed. Dkt. No. 59. Plaintiff has not filed an objection. Upon review for clear error, the Report & Recommendation is accepted and adopted in all respects. See FED. R. CIV. P. 72(b). Therefore, it is ORDERED that 1. Defendants' motion for summary judgment is GRANTED; and 2. Plaintiff's amended complaint is DISMISSED. The Clerk of the Court is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. IT IS SO ORDERED. Dated: February 4, 2021 Utica, New York. -2-

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