Branton v. Columbia County, New York et al

Filing 15

DECISION AND ORDER adopting Report and Recommendations re 11 ORDERED that Plaintiff's complaint is DISMISSED without leave to amend; The motion to set aside judgment is DENIED as moot; Plaintiff's request to withdraw his request for a pre liminary injunction is DENIED asmoot; and The Clerk is directed to serve a copy of this Decision and Order upon plaintiff inaccordance with the Local Rules. Signed by Judge David N. Hurd on 5/26/15. (tab) {served on plaintiff via regular mail on 5/26/15}

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

RODNEY E. BRANTON,
Plaintiff,
v.

1:15-CV-00005
(DNH/TWD)

COLUMBIA COUNTY, NEW YORK; JAMES A.
CARLUCCI, Assistant D.A.; JONATHAN D. NICHOLAS,
County Judge; SUSAN KUSMINSKY, Court Assistant;
RICHARD A. MCNALLY, JR., Acting Judge; JASON C.
FINN, Police Officer; NEW YORK STATE POLICE;
ABDUL WEED, Investigator; SHANNON J. SULLIVAN,
Trooper; NEW YORK DEPT. OF CORRECTIONS AND
COMMUNITY SUPERVISION; ANTHONY J.
ANNUCCI, Acting Commissioner; JAMES B.
MCGOWAN, New York State Department of Law; NEW
YORK ATTORNEY GENERAL; and RICHARD M.
PLATKIN, Acting Judge,
Defendants.

APPEARANCES:
RODNEY E. BRANTON
14-A-4032
Plaintiff pro se
Coxsackie Correctional Facility
Box 999
Coxsackie, NY 12051

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Rodney E. Branton brought this civil rights action pursuant to 42 U.S.C.
§ 1983. On April 17, 2015, the Honorable T hérèse Wiley Dancks, United States Magistrate

Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed without
leave to amend and that the motion to set aside judgment be denied as moot. Plaintiff timely
filed objections to the Report-Recommendation, as well as filing a letter motion received May
6, 2015, requesting to withdraw his request for a preliminary injunction.
Based upon a de novo review of the portions of the Report-Recommendation to which
plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See
28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Plaintiff's complaint is DISMISSED without leave to amend;
2. The motion to set aside judgment is DENIED as moot;
3. Plaintiff's request to withdraw his request for a preliminary injunction is DENIED as
moot; and
4. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in
accordance with the Local Rules.
IT IS SO ORDERED.

Dated: May 26, 2015
Utica, New York.

2