Oropallo v. Town of Colonie et al

Filing 23

ORDER accepting Report and Recommendations re 22 Report and Recommendations. ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed 10/15/2010 (Dkt. No. 22) is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that this action is DISMISSED as to all claims and all defendants. Signed by Judge Gary L. Sharpe on 11/15/2010. (Attachments: # 1 Report-Recommendation of Magistrate Judge David R. Homer, signed 10/15/2010)) (dpk)

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Oropallo v. Town of Colonie et al Doc. 23 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------ANTONIO J. OROPALLO Plaintiff, v. Civil Action No. 1:09-cv-1249 (GLS/DRH) TOWN OF COLONIE; COLONIE POLICE DEPARTMENT; STEVEN H. HEIDER, Colonie Chief of Police in his official and individual capacity; SERGEANT CHRISTOPHER RUFF, Colonie Police Department, in his official and individually capacity; OFFICER DAVID MINK, Colonie Police Department, in his official and individual capacity; OFFICER DANIEL J. BELLES, in his official and individually capacity; JOHN DOE and JANE DOE, representing any other members of the Colonie Police Department involved in the incident at 719 Vermont View Dr., Colonie, New York, on October 6, 2008, in their official and individual capacities, Defendants. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: ANTONIO J. OROPALLO Plaintiff, Pro Se 714 Vermont View Drive Watervliet, New York 12189 OF COUNSEL: Dockets.Justia.com FOR THE DEFENDANTS: D'Agostino, Krackeler, Maguire & Cardona, P.C. The Sage Mansion 16 Sage Estate Menands, New York 12204 GARY L. SHARPE, U.S. DISTRICT JUDGE ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge David R. Homer, duly filed October 15, 2010. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge's Amended Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed October 15, 2010 (Dkt. No. 22) is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that this action is DISMISSED as to all claims and all defendants; and it is further ANTHONY V. CARDONA, JR., ESQ. MIA D. VAN AUKEN, ESQ. 2 ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules by regular and certified mail. IT IS SO ORDERED. Dated: November 15, 2010 Albany, New York 3

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