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, )

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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 2

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