Reeder v. Artus et al

Filing 107

DECISION and ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 106 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore it is ORDERED that 1. Defendants& #039; 105 motion to dismiss is GRANTED; and 2. The complaint is DISMISSED in its entirety. The Clerk is directed to file a judgment and close the file. Signed by Judge David N. Hurd on 5/14/2013. (ptm) (Copy served on plaintiff by regular mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------RASZELL REEDER,
Plaintiff,
No. 09-CV-575
(DNH/CFH)

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MENARD, Sergeant; TUCKER, Correctional
Officer; MARTIN, Correctional Officer; and
SHUTTS, C.O.,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

RASZELL REEDER
Pro Se Plaintiff
94-A-6388
Upstate Correctional Facility
Post Office Box 2001
Malone, NY 12953
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorneys for Defendants
The Capitol
Albany, NY 12224

ADRIENNE J. KERWIN, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On March 26, 2013,
the Honorable Christian F. Hummel, United States Magistrate Judge, advised by ReportRecommendation that defendants' motion to dismiss for failure to prosecute be granted and
that the action be dismissed in its entirety. No objections to the Report-Recommendation

were filed.
Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore it is
ORDERED that
1. Defendants' motion to dismiss is GRANTED; and
2. The complaint is DISMISSED in its entirety.
The Clerk is directed to file a judgment and close the file.
IT IS SO ORDERED.

Dated: May 14, 2013
Utica, New York.

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