Otto v. Kenyan et al

Filing 37

ORDER - That the 36 Report-Recommendation and Order is ADOPTED in its entirety. That defendants' 34 Motion to Dismiss is GRANTED and plaintiff's complaint is DISMISSED in its entirety with prejudice. That the Clerk is directed to close the case. Signed by Senior Judge Gary L. Sharpe on 1/11/2017. (Copy served via regular and certified mail)(jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
KEVIN OTTO,
Plaintiff,

8:15-cv-772
(GLS/CFH)

v.
NATHAN KENYAN, NY State Trooper,
et al.
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
KEVIN OTTO
Plaintiff, Pro Se
170 Tanglewood Drive
Colchester, Vermont 05446
FOR THE DEFENDANTS:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
The Capitol
Albany, New York 12224

KELLY L. MUNKWITZ
SHANNAN COLLIER
KRASNOKUTSKI
Assistant Attorney Generals

Gary L. Sharpe
Senior District Judge
ORDER
The above-captioned matter comes to this court following an ReportRecommendation and Order by Magistrate Judge Christian F. Hummel,

duly filed on December 21, 2016. (Dkt. No. 36.) Following fourteen 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
Report-Recommendation and Order for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No.
36) is ADOPTED in its entirety; and it is further
ORDERED that defendant’s motion to dismiss (Dkt. No. 34) is
GRANTED and plaintiff’s complaint is DISMISSED in its entirety with
prejudice; and it is further
ORDERED that the Clerk is directed to close the case; and it is
further
ORDERED that the clerk provide a copy of this Order to the parties in
accordance with the court’s Local Rules of Practice.
IT IS SO ORDERED.
January 11, 2017
Albany, New York

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