Silvagnoli v. Fischer et al

Filing 42

ORDER: ORDERED, that the 41 Report and Recommendation is hereby ADOPTED in its entirety. ORDERED, that the defendants' 38 Motion for Summary Judgment is GRANTED and the complaint is dismissed in its entirety. The Clerk shall enter judgment accordingly. Signed by Chief Judge Norman A. Mordue on 3/22/10. (Order served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ ALEX SILVAGNOLI Plaintiff, vs. BRIAN FISCHER, Commissioner of DOCS; Dr. LESTER WRIGHT, Associate Comm./ Chief Medical Examiner; KENNETH PERLMAN; Midstate Superintendent; and S. NEAFACH; Midstate Correctional Facility Counselor, Defendants. _______________________________________ APPEARANCES: Alex Silvagnoli 94-A-6046 Cayuga Correctional Facility P.O. Box 1186 Moravia, NY 13118 Plaintiff, Pro Se Hon. Andrew M. Cuomo Attorney General for the State of New York The Capitol Albany, NY 12224 Counsel for Defendants
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9:07-CV-0561

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OF COUNSEL:

Justin C. Levin, Esq. Assistant Attorney General

Norman A. Mordue, Chief U. S. District Judge ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed on the 1st day of March 2010. Following fourteen 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 Report-

Recommendation, 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. 38) is granted and the complaint is dismissed in its entirety. The Clerk shall enter judgment accordingly. 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: March 22, 2010 Syracuse, New York
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