Gonzalez v. Whittaker et al

Filing 22

ORDER that 21 Report and Recommendations is accepted in whole. ORDERED granting 20 Motion for Summary Judgment and the complaint is dismissed in its entirety. Signed by Judge David N. Hurd on 3/19/09. {order served via regular mail on all non-ecf parties}(nas )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------Armando Gonzalez Plaintiff, vs 9:07-CV-53 (DNH/GJD)

Sgt. Whittaker, C.O. Bunny Defendant. -------------------------------APPEARANCES: Armando Gonzalez Plaintiff, pro se 178-18 145th Drive Jamaica, NY 11433 OF COUNSEL:

HON. ANDREW M. CUOMO Attorney General for the State of New York Attorney for Defendants 615 Erie Boulevard West Suite 102 Syracuse, NY 13204

HEATHER R. RUBINSTEIN, ESQ. Ass't Attorney General

DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 29, 2009, the Honorable Gustave J. DiBianco, United States Magistrate Judge, advised, by Report-Recommendation, that defendant's motion for summary judgment be granted, and the complaint be dismissed in its entirety. No objections to the Report-Recommendation were filed.

Based upon a careful review of entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that defendant's motion for summary judgment is GRANTED and the complaint is DISMISSED in its entirety. IT IS SO ORDERED.

Dated: March 19, 2009 Utica, New York.

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