Henry v. Dinello, No. 9:2019cv01059 - Document 29 (N.D.N.Y 2021)

Court Description: DECISION AND ORDER: The # 27 Report & Recommendation is accepted and adopted in all respects. See FED. R. CIV. P. 72(b). Therefore, it is ORDERED that defendant's # 18 motion to dismiss and for summary judgment is DENIED. Signed by Judge David N. Hurd on 2/4/2021. (Copy served via regular mail)(meb)

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Henry v. Dinello Doc. 29 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------THOMAS HENRY, Plaintiff, -v- 9:19-CV-1059 DAVID DINELLO, Defendant. ----------------------------------APPEARANCES: OF COUNSEL: Thomas Henry Plaintiff, Pro Se 19711 Cayuga County Jail 7445 County House Road Auburn, NY 13021 HON. LETITIA JAMES New York State Attorney General Attorneys for Defendant The Capitol Albany, NY 12224 KONSTANDINOS D. LERIS, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Thomas Henry ("plaintiff") filed this action alleging that defendant violated his civil rights at Gouverneur Correctional Facility. On January 12, 2021, U.S. Magistrate Judge Therese Wiley Dancks advised by Report & Recommendation that defendant's motion to dismiss and for summary judgment be denied. Dkt. No. 27. Neither Dockets.Justia.com party has 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. Defendant's motion to dismiss and for summary judgment is DENIED. 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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