Brown v. Hogan et al

Filing 51

DECISION AND ORDER: The 49 Report and Recommendation of Magistrate Judge DiBianco is accepted and adopted in all respects. ORDERED that Defendants' 45 Motion for Summary Judgment is GRANTED; ORDERED that Plaintiff's 46 Cross Motion fo r Summary Judgment is DENIED; ORDERED that this complaint be dismissed in its entirety; ORDERED that the Clerk is directed to enter judgment and close the file.. Signed by Judge David N. Hurd on 11/6/09. (order served via regular mail on all non-ecf parties)(mnc)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------LARRY BROWN, Plaintiff, 9:07-CV-842 vs DR. MICHAEL F. HOGAN; DR. DONALD SAWYER; and DR. TERRI MAXYMILLIAN, Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~~~ APPEARANCES: LARRY BROWN Plaintiff, pro se 0246987 Central New York Psychiatric Center PO Box 300 Marcy, NY 13403 HON. ANDREW M. CUOMO Attorney General of the State of New York Attorney for State Defendants Department of Law The Capitol Albany, New York 12224 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff, Larry Brown, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation September 8, 2009, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that defendants' motion for summary judgment (Docket No. 45) be granted, the complaint be dismissed in its entirety; and that plaintiff's JUSTIN C. LEVIN, ESQ. Asst. Attorney General OF COUNSEL:

cross motion for summary judgment (Docket No. 46) be denied The plaintiff has timely filed objections to the report-recommendation. Based upon a careful review of the entire file and the recommendations of Magistrate Judge DiBianco, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Defendants' motion for summary judgment is GRANTED; 2. Plaintiff's cross-motion for summary judgment is DENIED; 3. The complaint is DISMISSED in its entirety; and 4. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED.

Dated:

November 6, 2009 Utica, New York.

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