Dozier v. Chapman et al

Filing 63

ORDER that 62 Report and Recommendations is adopted in its entirety. ORDERED granting in part and denying in part 59 Motion for Judgment on the Pleadings. Signed by Chief Judge Norman A. Mordue on 9/21/09. {order served via regular mail on all non-ecf parties}(nas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ NERON DOZIER, Plaintiff, vs. SGT. C.O. CHAPMAN, ET AL, Defendants. ________________________________________________ APPEARANCES: Neron Dozier 01-A-3845 Auburn Correctional Facility P.O. Box 618 Auburn, NY 13021 Plaintiff, Pro se Hon. Andrew M. Cuomo Attorney General of the State of New York The Capitol Albany, New York 12224 Attorney for Defendants Norman A. Mordue, Chief U.S. District Judge ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge Randolph F. Treece, duly filed on the 1st day of September, 2009. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein. After careful review of all of the papers herein, including the Magistrate Judge's ReportRecommendation, and no objections submitted thereto, it is M N A 9:05-CV-0127 OF COUNSEL: Heather R. Rubinstein, Esq. Assistant Attorney General ORDERED that: 1. The Report-Recommendation is hereby adopted in its entirety. 2. Defendants' Motion for Judgment (Dkt. No. 62) is granted in part and denied in part. 3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. IT IS SO ORDERED. N Dated: September 21, 2009 Syracuse, New York A M 2

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