McChesney v. Hogan et al

Filing 36

ORDER: ORDERED that 35 Report and Recommendations is adopted in its entirety. ORDERED that 34 Motion for Summary Judgment is granted, and that plaintiff's complaint in this action is dismissed in all respects, with leave to replead. Signed by Chief Judge Norman A. Mordue on 9/2/10. {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ DAVID McCHESNEY, Plaintiff, v. MICHAEL HOGAN, DONALD SAWYER, DR. TERRI MAXYMILLIAN, JEFFREY NORWICKI, BILL OWENS, COREY CONNELLY, CHARMINE BILL, REGINA ANDERSON and THE TREATMENT TEAM, Defendants. ________________________________________________ APPEARANCES: DAVID McCHESNEY #25527 CNY Psychiatric Center PO Box 300 Marcy, NY 13403-0300 Plaintiff, pro se HON. ANDREW M. CUOMO Office of Attorney General State of New York The Capitol Litigation Bureau Albany, NY 12224-0341 Counsel for Defendants DEAN J. HIGGINS, ESQ. Assistant Attorney General OF COUNSEL: 9:08-CV-0563

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NORMAN A. MORDUE, CHIEF U. S. DISTRICT JUDGE ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 11th day of August 2010. Following 14 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 ORDERED that: 1. The Report-Recommendation is hereby adopted in its entirety. 2. The Defendants' motion for summary judgment (Dkt. No. 34) is granted, and that plaintiff's complaint in this action is dismissed in all respects, with leave to replead. 3. 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: September 2, 2010 Syracuse, New York
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