Mercer v. Gudesblatt Lamb et al

Filing 7

DECISION and ORDER: The 4 Report and Recommendation is accepted in whole. ORDERED that plaintiff's complaint is dismissed in its entirety. Signed by Judge David N. Hurd on 11/6/13. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------ARTHUR L. MERCER,
Plaintiff,
No. 1:13-CV-1052
-v-

JOAN GUDESBLATT LAMB, Prosecutor;
HOLLEY D. CARNRIGHT, Ulster County
District Attorney; and KEVIN C. HARP,
Prosecutor,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

ARTHUR L. MERCER
Plaintiff Pro Se
11-A-5486
Fishkill Correctional Facility
P.O. Box 1245
Beacon, NY 12508

DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Arthur Mercer brought this action pursuant to 42 U.S.C. § 1983. On
August 28, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge,
advised by Report-Recommendation that plaintiff's complaint be dismissed as barred by
Heck v. Humphrey, 512 U.S. 477, 486–87 (1994). No objections to the ReportRecommendation were 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
Plaintiff's complaint is DISMISSED in its entirety.
The Clerk is directed to file a judgment and close the file.
IT IS SO ORDERED.

Dated: November 6, 2013
Utica, New York.

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