Ward v. Goord et al

Filing 41

DECISION and ORDER: ORDERED, that the 40 Report and Recommendations is accepted and adopted in all respects. ORDERED, that defendants' 35 Motion for Summary Judgment is GRANTED. ORDERED, that plaintiff's complaint is DISMISSED as to all claims and all defendants. ORDERED, that the Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 1/13/09. (Order served on non-ecf party by regular mail) (alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------KENNETH WARD, Plaintiff, vs GLENN GOORD, Commissioner; LUCIEN LeCLAIRE, JR., Deputy Commissioner of Facility Operations; R. WOODS, Superintended, UpState Correctional Facility; C. GREGORY, Grievance Program Supervisor; and THOMAS G. EAGEN, Director of Central Office Review Committee (CORC), Defendants. -----------------------------------APPEARANCES: KENNETH WARD Plaintiff, Pro Se 338 Bennington Drive Rochester, NY 14616 HON. ANDREW M. CUOMO Attorney General of the Attorney for the Defendants Department of Law The Capitol Albany, NY 12224 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff, Kenneth Ward, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated December 1, 2008, the Honorable David R. Homer, United States Magistrate Judge, recommended that defendants' motion for summary OF COUNSEL: 9:06-CV-1429

JAMES B. McGOWAN, ESQ. ADRIENNE J. KERWIN, ESQ. RISA L. VIGLUCCI, ESQ.

judgment be granted as to all claims and all defendants. No objections to the ReportRecommendation have been filed. Based upon a careful review of the entire file and the recommendations of Magistrate Judge Homer, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. The defendants' motion for summary judgment is GRANTED; 2. The plaintiff's complaint is DISMISSED as to all claims and all defendants; and 3. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED.

Dated: January 13, 2009 Utica, New York.

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