Brito v. Attorney General et al

Filing 55

ORDER that Magistrate Judge Peebles' July 13, 2009 Report and Recommendation is ADOPTED IN ITS ENTIRETY. ORDERED that Defendants' motion for summary judgment is GRANTED and Plaintiff's complaint is DISMISSED as against all remaining defendants. Signed by Senior Judge Frederick J. Scullin, Jr on 8/6/09. {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

NELSON BRITO, Plaintiff, Civil Action No. 9:06-CV-00154 (FJS/DEP)

v. R. K. WOODS, et at., Defendants.

APPEARANCES: FOR PLAINTIFF: Nelson Brito, Pro Se 03-B-1309 Wende Correctional Facility Wende Road P.O. Box 1187 Alden, New York 14004

OF COUNSEL:

FOR DEFENDANTS: HON. ANDREW M. CUOMO Attorney General of the State of New York The Capitol Albany, New York 12224 AARON M. BALDWIN, ESQ. Assistant Attorney General

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

ORDER

After carefully considering the entire file in this matter, including Magistrate Judge

Peebles' July 13, 2009 Report and Recommendation to which the parties have not filed any objections; the Court hereby ORDERS that Magistrate Judge Peebles' July 13, 2009 Report and Recommendation is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further ORDERS that Defendants' motion for summary judgment is GRANTED, and the Court further ORDERS that Plaintiff's complaint is DISMISSED as against all remaining defendants; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case.

IT IS SO ORDERED. DATED: August 6, 2009 Syracuse, New York