Brown v. White

Filing 52

ORDER: ORDERED, that the 51 Report-Recommendation is ACCEPTED in its entirety. ORDERED, that defendant White's 44 Motion for Summary Judgment is GRANTED and the complaint is DISMISSED IN ITS ENTIRETY. ORDERED, that the Clerk enter judgment in favor of the defedant against the plaintiff. Signed by Judge Gary L. Sharpe on 3/15/10. (Attachments: # 1 Report-Recommendation) (Order with Report-Recommendation served on plaintiff by regular mail)(alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------RODNEY BROWN, Plaintiff, -v.Civil Action No. 9:08-cv-200 (GLS/ATB) J. WHITE, Franklin Correctional Facility, Defendant. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: RODNEY BROWN Plaintiff, Pro Se 485 Fountain Ave. Apt. 7-D Brooklyn, New York 11208 FOR THE DEFENDANTS: 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 DEAN J. HIGGINS, ESQ. OF COUNSEL:

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Andrew T. Baxter, duly filed February 18, 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 February 18, 2010 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that defendant White's motion for summary judgment (Dkt. No. 44) is GRANTED and the complaint is DISMISSED IN ITS ENTIRETY, and it is further ORDERED, that the Clerk enter judgment in favor of the defendant against the plaintiff, 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: March 15, 2010 Albany, New York

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