Arroyo v. Taylor et al

Filing 30

DECISION AND ORDER: ORDERED, that the 28 Report and Recommendations is ACCEPTED in its entirety. ORDERED, that the 25 Motion for Summary Judgment is GRANTED. ORDERED, that the complaint is DISMISSED IN ITS ENTIRETY. ORDERED, that the Clerk of Court is to enter judgment in favor of the Defendant and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on 9/29/09. (Decision and Order served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

SANTOS ARROYO, Plaintiff, No. 9:08-CV-61 (J. Scullin)

vs. DR. GEORGE STURTZ, Defendant.

APPEARANCES: OF COUNSEL SANTOS ARROYO, Plaintiff Pro Se 2949 8TH Avenue, Apt. 12K New York, New York 10039

OFFICE OF THE ATTORNEY GENERAL State of New York Attorney for Respondent The Capitol Albany, NY 12224 FREDERICK J. SCULLIN, JR., S.J.

ROGER W. KINSEY, ESQ. Assistant Attorney General

DECISION AND ORDER

Currently before the Court is Magistrate Judge Gustave J. DiBianco's ReportRecommendation filed August 31, 2009 to which the parties have filed no objections. Accordingly, the Court having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby

ORDERS that the Report-Recommendation of Magistrate Judge Gustave J. DiBianco filed August 31, 2009 is ACCEPTED in its entirety, for the reasons stated therein, and the Court further ORDERS that defendant's motion for summary judgment is GRANTED, and the Court further ORDERS that the complaint is DISMISSED IN ITS ENTIRETY, and the Court further ORDERS that the Clerk of the Court is to enter judgment in favor of the defendant and close this case.

IT IS SO ORDERED. Dated: September 29, 2009 Syracuse, New York