Cardew et al v. Bellnier et al

Filing 165

ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed March 5, 2014 (Dkt. No. 164 ) is ACCEPTED in its entirety for the reasons stated therein. ORDERED that defendants' motion for summary judgment (Dkt. No. 158 ) is GRANTED, and the complaint is DISMISSED IN ITS ENTIRETY AS TO ALL DEFENDANTS. Signed by Chief Judge Gary L. Sharpe on 3/28/14. {order served via regular mail on plaintiff}(nas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------BARRY ARKIM Plaintiff, -v.Civil Action No. 9:09-cv-775 (GLS/ATB) JOSEPH BELLNIER, et al. Defendant. ------------------------------------------------------------------------------APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: BARRY ARKIM Pro Se 91-B-0146 Attica Correctional Facility Box 149 Attica, New York 14011 FOR THE DEFENDANT: HON. ERIC T. SCHNEIDERMAN Attorney General of the State of State of New York The Capitol Albany, New York 12224 COLLEEN D. GALLIGAN, ESQ. Assistant Attorney General GARY L. SHARPE, CHIEF JUDGE ORDER The above-captioned matter comes to this court following a Report- Recommendation by Magistrate Judge Andrew T. Baxter, duly filed March 5, 2014. Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge’s Report-Recommendation for clear error, it is hereby ORDERED that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed March 5, 2014 (Dkt. No. 164) is ACCEPTED in its entirety for the reasons stated therein; and it is further ORDERED that defendants’ motion for summary judgment (Dkt. No. 158) is GRANTED, and the complaint is DISMISSED IN ITS ENTIRETY AS TO ALL DEFENDANTS; and it is further ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties in accordance with the court’s local rules. IT IS SO ORDERED. Dated: March 28, 2014 Albany, New York 2

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