Butler v. Hyde et al

Filing 48

DECISION AND ORDER: ORDERED, that the 45 Report and Recommendation is APPROVED and ADOPTED in its ENTIRETY. ORDERED, that the 30 Motion for Summary Judgment is DENIED. Signed by Senior Judge Lawrence E. Kahn on 9/29/09. (Decision and Order served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK KEITH TERRELL BUTLER, Plaintiff, -againstJ. HYDE, T. DISHAW, T. HOWARD, R. GILL, K. COMPO, J. BARSE, Defendants. 9:08-CV-0299 (LEK/GHL )

APPEARANCES: KEITH TERRELL BUTLER, 05-A-1392 Plaintiff pro se Auburn Correctional Facility P.O. Box 618 Auburn, New York 13021 HON. ANDREW M. CUOMO Attorney General for the State of New York Counsel for Defendants The Capitol Albany, New York 12224 DECISION AND ORDER

OF COUNSEL:

DAVID L. COCHRAN, ESQ.

This matter comes before the Court following a Report-Recommendation filed on September 21, 2009 by the Honorable George H. Lowe, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 45). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Butler, which were filed on September 25, 2009. Objections (Dkt. No. 47). It is the duty of this Court to "make a de novo determination of those portions of the report

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or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge... may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 45) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Plaintiff's Motion for summary judgment (Dkt. No. 30) be DENIED; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: September 29, 2009 Albany, New York

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