Motta v. Wright et al

Filing 36

ORDER adopting 35 Report and Recommendations in its entirety; ORDERED that the defendants' 29 motion for summary judgment is granted, and the complaint is dismissed in its entirety. Signed by Chief Judge Norman A. Mordue on 5/20/2009. {Order served on plaintiff via regular mail} (mgh)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ STEVEN MOTTA, Plaintiff, v. DR. LESTER WRIGHT, Deputy Commissioner of Health Services, NYS DOCS; DR. SYED HAIDER SHAH, Marcy Correctional Facility, Defendants. ________________________________________________ APPEARANCES: STEVEN MOTTA 82-A-1236 Clinton Correctional Facility P.O. Box 2001 Dannemora, NY 12929 Plaintiff Pro Se ANDREW M. CUOMO Attorney General of the State of New York Office of the Attorney General The Capitol Albany, NY 12224 Attorney for Defendants Haider Shah and Wright CHARLES J. QUACKENBUSH, ESQ. Assistant Attorney General OF COUNSEL: 9:06-CV-1047

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NORMAN A. MORDUE, CHIEF U. S. DISTRICT JUDGE ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge Gustave J. DiBianco, duly filed on the 29th day of April 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 ORDERED that: 1. The Report-Recommendation is hereby adopted in its entirety. 2. The defendants' motion for summary judgment (Dkt. No. 29) is granted, and the complaint is dismissed in its entirety. 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. Dated: May 20, 2009 Syracuse, New York
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