Solomon v. Fischer et al

Filing 31

ORDER: ORDERED that The Report-Recommendation is hereby adopted in its entirety; ORDERED that The defendants' motion to dismiss (Dkt. NO. 19 ) is granted and the complaint is dismissed in its entirety. The Clerk shall enter judgment accordingly. Signed by Chief Judge Norman A. Mordue on 8/11/10. (order served on plaintiff by regular mail)(mnc)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ JOHN SOLOMON Plaintiff, vs. BRIAN FISCHER, Commissioner, Department of Correctional Services; and DARWIN LaCLAIR, Superintendent, Franklin Correctional Facility, Defendants. _______________________________________ APPEARANCES: Bryan L. Ruple 08-B-4050 Wyoming Correctional Facility P.O. Box 501 Attica, NY 14011 Plaintiff, Pro Se Hon. Andrew M. Cuomo Attorney General for the State of New York The Capitol Albany, New York 12224-0341 Attorney for Defendants Norman A. Mordue, Chief U. S. District Judge
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9:09-CV-0367 (NAM/DRH)

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OF COUNSEL:

Justin C. Levin, Esq. Assistant Attorney General

ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed on the 21st day of July 2010. Following fourteen 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 to dismiss (Dkt. No. 19) is granted and the complaint is dismissed in its entirety. The Clerk shall enter judgment accordingly. 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: August 11, 2010 Syracuse, New York
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