Desmarat v. Artus et al

Filing 63

DECISION and ORDER re 61 Report and Recommendations. ORDERED that Defendants' motion for summary judgment (Dkt. No. 50 ) is GRANTED; ORDERED that The action is DISMISSED and the Clerk is instructed to file judgment accordingly and close the file. Signed by Judge David N. Hurd on 4/25/2011. (served plaintiff by regular mail)(mnc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
JEAN MARC DESMARAT,
Plaintiff,
vs

9:08-CV-977

DALE ARTUS, Superintendent; LINDA TURNER,
Deputy Superintendent/Program; MICHAEL R.
VINCENT, Correctional Officer; and JOHN DOE,
APPU Inmate/Law Library Clerk, All of Clinton
Correctional Facility,
Defendants.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
APPEARANCES:

OF COUNSEL;

JEAN MARC DESMARAT
Plaintiff, Pro Se
03-A-6318
Clinton Correctional Facility
PO Box 2001
Dannemora, NY 12929
HON. ERIC T. SCHNEIDERMAN
Attorney General of the
State of New York
Attorney for Defendants
Department of Law
The Capitol
Albany, New York 12224

CHRISTOPHER W. HALL, ESQ.
Asst. Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff, Jean Marc Desmarat, commenced this civil rights action in September
2008, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated March 25, 2011, the
Honorable Randolph F. Treece, United States Magistrate Judge, recommended that

defendants’ notion for summary judgment (Dkt. No. 50) be granted and the entire action be
dismissed. The defendants have filed objections to the report-recommendation.
Based upon a de novo review of the entire file, including the portions of the ReportRecommendation to which defendants have objected, and the recommendations of
Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all
respects. See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Defendants’ motion for summary judgment (Dkt. No. 50) is GRANTED;
2. The action is DISMISSED and the Clerk is instructed to file judgment accordingly
and close the file.
IT IS SO ORDERED.

Dated: April 25, 2011
Utica, New York.

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