Dorsey v. Beebee et al

Filing 128

DECISION AND ORDER: 126 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). ORDERED, that Defendants' 120 Motion for Summary Judgment is GRANTED. ORDERED, that the second amended complaint is DISMISSED in its entirety. ORDERED, that the Clerk is directed to enter Judgment accordingly. Signed by Judge David N. Hurd on 11/5/14. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------LEROY DORSEY,
Plaintiff,
No. 9:10-CV-1030
(DNH/CFH)

-vFRANK INGERSON, Officer 3-11 P.M. shift;
S. GROOM, Officer, Special Housing Unit,
F-1 Company, 7-3, 8-4, Great Meadow Correctional
Facility; and SERGEANT C.S. COLLINS,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

LEROY DORSEY
Plaintiff Pro se
97-A-3442
Elmira Correctional Facility
P.O. Box 500
Elmira, NY 14902
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224

JUSTIN L. ENGEL, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Leroy Dorsey brought this civil rights action pursuant to 42 U.S.C.
§ 1983. On October 9, 2014, the Honorable Christian F. Hummel, United States Magistrate
Judge, advised by Report-Recommendation that defendants' motion for summary judgment
be granted. Plaintiff timely filed objections to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which
plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See
28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED;
2. The second amended complaint is DISMISSED in its entirety; and
3. The Clerk is directed to enter Judgment accordingly, serve a copy of this
Decision and Order upon plaintiff in accordance with the Local Rules and close the file.
IT IS SO ORDERED.

Dated: November 5, 2014
Utica, New York.

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