Colon v. Plescia et al

Filing 42

DECISION and ORDER accepting and adopting the 41 Report-Recommendation in all respects; ORDERED that, the defendants' 37 motion for summary judgment is GRANTED; All of plaintiffs claims against the defendants are DISMISSED; Plaintiff's complaint is DISMISSED. Signed by Judge David N. Hurd on 9/4/2009. {Decision & Order served on plaintiff via regular mail} (mgh)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------PETER COLON, Plaintiff, vs JAMES PLESCIA, Superintendent; S. RAMORA, R.N.; DR. TRACHMEN, Facility Doctor; MRS. GRIFFIN, Nurse Administrator; and A. MOSHER, Nurse; All of Washington Correctional Facility, Defendant. -----------------------------------APPEARANCES: PETER COLON Plaintiff, Pro Se Eastern NY Correctional Facility Box 338 Napanoch, NY 12458 HON. ANDREW M. CUOMO Attorney General of the State of New York Attorney for Defendants Department of Law The Capitol Albany, New York 12224 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff, Peter Colon, brought this civil rights action in July 2007, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated July 27, 2009, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion for summary judgment (Docket No. 37) be granted, and that all of plaintiff's claims against the DEAN J. HIGGINS, ESQ. Asst. Attorney General OF COUNSEL: 9:07-CV-727

various named defendants be dismissed. No objections to the Report-Recommendation have been filed. Based upon a careful review of the entire file and the recommendations of Magistrate Judge Peebles, 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. All of plaintiff's claims against the defendants are DISMISSED; 3. Plaintiffs' complaint is DISMISSED; and 4. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED.

Dated: September 4, 2009 Utica, New York.

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