Murray v. Goord et al

Filing 38

ORDER that 35 Report and Recommendations is adopted in its entirety. ORDERED that 26 Motion for Judgment on the Pleadings is granted. ORDERED that plaintiff's complaint is dismissed in its entirety. Signed by Senior Judge Frederick J. Scullin, Jr on 10/23/09.{order served via regular mail on all non-ecf parties} (nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

JAMES MURRAY, Plaintiff, Civil Action No. 9:05-CV-1113 (FJS/DRH)

v. GOORD; SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY, Defendant.

APPEARANCES: FOR PLAINTIFF: JAMES MURRAY, pro se 95-A-4417 Upstate Correctional Facility P.O. Box 2001 Malone, NY 12953 FOR DEFENDANTS: HON. ANDREW M. CUOMO Attorney General of the State of New York The Capitol Albany, New York 12224-0341

OF COUNSEL:

HEATHER R. RUBINSTEIN, ESQ. Assistant Attorney General

FREDERICK J. SCULLIN, JR., S.J.:

ORDER

Currently before the Court is the Report-Recommendation and Order of Magistrate Judge

David R. Homer filed July 6, 2009 to which the parties have not filed any objections. On July 15, 2009, Senior Judge Frederick J. Scullin extended the plaintiff's deadline to submit objections to Magistrate Judge Homer's Report-Recommendation and Order to on or before October 20, 2009. Thereafter, plaintiff has filed no objections to said Report-Recommendation and Order. Accordingly, the Court having reviewed the Report-Recommendation and Order and the entire file in this matter, the Court hereby ORDERS that the Report-Recommendation and Order of Magistrate Judge David R. Homer filed July 6, 2009 is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further ORDERS that the motion for Judgment on the Pleadings filed by defendant Goord is GRANTED, and the Court further ORDERS that plaintiff's complaint is DISMISSED in its entirety, and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of defendant and close this case.

IT IS SO ORDERED. DATED: October 23, 2009 Syracuse, New York