Cooke v. Stern et al

Filing 32

ORDER: ORDERED, that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed August 2, 2010 (Dkt. No. 31) is ACCEPTED in its entirety for the reasons stated therein. ORDERED, that defendants' 24 Motion for Summary Judgment is GRA NTED and the remaining claim in the amended complaint is DISMISSED IN ITS ENTIRETY. ORDERED, that the Clerk enter judgment and close the case. Signed by Judge Gary L. Sharpe on 8/26/10. (Attachments: # 1 Report-Recommendation) (Order and Report-Recommendations served on plaintiff by regular mail)(alh, )

Cooke v. Stern et al

Doc. 32

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------JOHN COOKE, Plaintiff, v. Civil Action No. 9:07-cv-1292 (GLS/ATB) STERN, Supt. Programs, Bare Hill Correctional Facility,1 and MS. S. FLANAGAN, Defendant. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: JOHN COOKE Plaintiff, Pro Se 537 East 80th Street #1 Brooklyn, New York 11236 FOR THE DEFENDANT: HON. ANDREW M. CUOMO Attorney General of the State of New York The Capitol Albany, New York 12224 GARY L. SHARPE, U.S. DISTRICT JUDGE CHRISTOPHER W. HALL, ESQ. Assistant Attorney General OF COUNSEL:

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This defendant's last name is actually "Stearns," and this court will refer to him as such.
Dockets.Justia.com

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Andrew T. Baxter, duly filed August 2, 2010. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed August 2, 2010 (Dkt. No. 31) is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the defendants' motion for summary judgment (Dkt. No. 24) is GRANTED and the remaining claim in the amended complaint is DISMISSED IN ITS ENTIRETY; and it is further ORDERED, that the Clerk enter judgment and close the case; and it is further ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.

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IT IS SO ORDERED. Dated: August 26, 2010 Albany, New York

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