Levesque v. Clinton County Correctional Facility

Filing 153

DECISION and ORDER: Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983 and the Americans with Disabilities Act. On May 24, 2013, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-Recommen dation that plaintiff's complaint be dismissed in its entirety. Plaintiff timely filed objections to the Report- Recommendation, along with five additional submissions between the time the Report- Recommendation was issued and the deadline for objections. Defendants timely filed a response to plaintiff'sobjections. Based upon a de novo review, the 138 Report-Recommendation is accepted. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that Plaintiff's complaint is dismissed. The Clerk is directed to enter judgment accordingly. Signed by Judge David N. Hurd on 6/26/2013. (ptm) (Copy served on plaintiff by regular mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------ANDRE R. LEVESQUE,
Plaintiff,
-v-

No. 9:10-CV-0787
(DNH/DEP)

CLINTON COUNTY, also known as Clinton County
Correctional Facility; JOHN DOE, Lieutenant; and
JOHN DOE(S), Corrections Guards,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

ANDRE R. LEVESQUE,
Plaintiff Pro Se
20090446
Clinton County Jail
25 McCarthy Drive
Plattsburgh, NY 12901
LEMIRE JOHNSON, LLC
Attorneys for Defendant Clinton County
P.O. Box 2485
2534 Route 9
Malta, NY 12020

GREGG T. JOHNSON, ESQ.
APRIL J. LAWS, ESQ.
MARY ELIZABETH KISSANE, ESQ.

DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983 and the
Americans with Disabilities Act. On May 24, 2013, the Honorable David E. Peebles, United
States Magistrate Judge, advised, by Report-Recommendation that plaintiff's complaint be

dismissed in its entirety. Plaintiff timely filed objections to the Report-Recommendation,
along with five additional submissions between the time the Report-Recommendation was
issued and the deadline for objections. Defendants timely filed a response to plaintiff's
objections.
Based upon a de novo review, the Report-Recommendation is accepted. See 28
U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
Plaintiff's complaint is dismissed.
The Clerk is directed to enter judgment accordingly.
IT IS SO ORDERED.

Dated: June 26, 2013
Utica, New York.

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