McCloud v. Roy et al

Filing 56

DECISION AND ORDER: ORDERED, that the 55 Report-Recommendation is APPROVED and ADOPTED in its entirety. ORDERED, that Plaintiff's 36 , 38 , and 43 Motions for Partial Summary Judgment are DENIED. ORDERED, that Defendants' 49 Motion for Summary Judgment is GRANTED. ORDERED, that Plaintiff's 1 Complaint in this action is DISMISSED in its entirety. Signed by Senior Judge Lawrence E. Kahn on 3/16/10. (Decision and Order served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CHRISTOPHER McCLOUD, Plaintiff, -againstRICHARD ROY, Deputy Commissioner, Greene Correctional Facility; CHRISTOPHER TURRIGLIO, Correction Officer, MR. BEHRLE, Superintendent, Greene Correctional Facility; PHILIP HEATH, Deputy Superintendent, Greene Correctional Facility; MR. MIZGALA, Deputy Superintendent, Greene Correctional Facility; MRS. SMITH, Doctor, Greene Correctional Facility; JANE/JOHN DOES, Mail Clerks, Greene Correctional Facility, 9:08-CV-0839 (LEK/ATB)

Defendants.

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on February 22, 2010, by the Honorable Andrew T. Baxter, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. Dkt. No. 55. Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Baxter's Report-Recommendation. Furthermore, after examining the 1

record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 55) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiff's Motions for partial summary judgment (Dkt. Nos. 36, 38, 43) are DENIED; and it is further ORDERED, that Defendants' Motion for summary judgment (Dkt. No. 49) is GRANTED; and it is further ORDERED, that Plaintiff's Complaint (Dkt. No. 1) in this action is DISMISSED in its entirety; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED.

DATED:

March 16, 2010 Albany, New York

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