Willard v. Ramsey et al

Filing 35

ORDER: ORDERED that the Report-Recommendation is hereby adopted in its entirety; ORDERED that the defendants' motion for summary judgment (Dkt. No. 30 ) is granted and judgment is granted as to both defendants on all claims. The Clerk shall enter judgment accordingly; ORDERED that the plaintiff's state law tort claims are dismissed without prejudice. Signed by Chief Judge Norman A. Mordue on 3/2/10. (order served on plaintiff by regular mail) (mnc)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ CHRISTOPHER WILLARD Plaintiff, vs. C.O. RAMSEY, Auburn Correctional Facility, and SGT. VANFLEET, Auburn Correctional Facility Defendants. _______________________________________ APPEARANCES: Christopher Willard 05-A-2161 Sing Sing Correctional Facility 354 Hunter Street Ossining, New York 10562 Plaintiff, Pro Se Hon. Andrew M. Cuomo Attorney General for the State of New York The Capitol Albany, NY 12224 Counsel for Defendants Norman A. Mordue, Chief U. S. District Judge ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed on the 9th day of February 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 ReportRecommendation, and no objections submitted thereto, it is
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9:07-CV-1156

OF COUNSEL:

Megan M. Brown, Esq. Assistant Attorney General

ORDERED that: 1. The Report-Recommendation is hereby adopted in its entirety. 2. The defendants' motion for summary judgment (Dkt. No. 30) is granted and judgment is granted as to both defendants on all claims. The Clerk shall enter judgment accordingly. 3. The plaintiff's state law tort claims are dismissed without prejudice. 4. 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 2, 2010 Syracuse, New York
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