Pacheco v. Fischer et al

Filing 60

ORDER: Ordered that 58 Report and Recommendation is adopted in its entirety; that 47 Motion for Summary Judgment is granted and the complaint is dismissed as to defendant Fischer only. Signed by Chief Judge Norman A. Mordue on 3/3/11. {order served via regular mail on all non-ecf parties}(nas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ ANDRE PACHECO, Plaintiff, v. BRIAN FISCHER, ET AL., Defendants. ________________________________________________ APPEARANCES: Andre Pacheco 03-A-4973 Mid-Orange Correctional Facility 900 Kings Highway Warwick, NY 10990 Plaintiff, pro se HON. ANDREW M. CUOMO Attorney General of the State of New York The Capitol Albany, NY 12224 Attorney for Defendants Dean J. Higgins, Esq. Assistant Attorney General OF COUNSEL: N A M 9:09-cv-614 NORMAN A. MORDUE, CHIEF U. S. DISTRICT JUDGE ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed on the 19th day of January, 2011. Following fourteen (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 Report- Recommendation, and no objections1 submitted thereto, it is ORDERED that: 1. The Report-Recommendation is hereby adopted in its entirety. 2. The defendant Fischer's motion for summary judgment (Dkt. No. 47) is granted and the complaint is dismissed as to defendant Fischer only. 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. N A M 1 Dated: March 3, 2011 Syracuse, New York On January 30, 2011, plaintiff forwarded a letter to Magistrate Judge Baxter asking the Court to, "remove Commissioner Fischer off the lawsuit of the civil rights complaint again [sic] him . . .". (Dkt. No. 59). 2

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