Davis v. Cowin

Filing 23

DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 22 ) is accepted in whole. See 28 U.S.C. 636(b)(1). ORDERED, that defendant's motion for summary judgment (Dkt. No. 17 ) pursuant to Federal Rule of Civil Procedure 56 is GRANTED. Signed by Judge David N. Hurd on 9/27/11. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------TOUSSAINT DAVIS,
Plaintiff,
-vs-

9:10-CV-0081

TIMOTHY H. COWIN, Commissioner,

Defendant.
-------------------------------APPEARANCES:

OF COUNSEL:

TOUSSAINT DAVIS, pro se
Onondaga County Correctional Facility
P.O. Box 143
Jamesville, NY 13078

Onondaga County Department of Law
John H. Mulroy Civic Center
421 Montgomery Street, 10th Floor
Syracuse, NY 13202

CAROL L. RHINEHART, ESQ.

DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On August 12,
2011, the Honorable George H. Lowe, United States Magistrate Judge, advised, by ReportRecommendation, that defendant's motion for summary judgment pursuant to Federal Rule
of Civil Procedure 56 be granted. No objections to the Report-Recommendation were filed.1

1

O bjections to the R eport-R ecom m endation w ere due by August 26, 2011. O n Septem ber 7,
2011, the undersigned w as advised that plaintiff m oved facilities. Per the D epartm ent of C orrections and
(continued...)

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). Accordingly, it is
ORDERED that defendant's motion for summary judgment pursuant to Federal
Rule of Civil Procedure 56 is GRANTED.
IT IS SO ORDERED.

Dated: September 27, 2011
Utica, New York.

1
(...continued)
C om m unity Supervision Inm ate Locator, plaintiff m ay be housed at C linton C orrectional Facility. A
C hange of Address form w as served on plaintiff by regular m ail at Clinton C orrectional Facility. As of
Septem ber 26, 2011, plaintiff had not filed a change of address w ith the C ourt.

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