Woodard v. Shanley et al

Filing 22

DECISION AND ORDER: Based upon a de novo review, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). ORDERED, that Defendants' motion for judgment on the pleadings (Dkt. No. 14 ) is GRANTED. ORDERED, that Plaintiff's motion for summary judgment (Dkt. No. 15 ) is DENIED. The Clerk is directed to file a judgment dismissing the complaint and close the file. Signed by Judge David N. Hurd on 12/29/11. (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------VICTOR WOODARD,
Plaintiff,
-v-

9:10-CV-1121

CAPTAIN R. SHANLEY and ALBERT PRACK,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

PRISONERS LEGAL SERVICES OF
NEW YORK
Attorneys for Plaintiff
41 State Street
M112
Albany, NY 12207

JAMES M. BOGIN, ESQ.

HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
The Capitol
Albany, NY 12224

C. HARRIS DAGUE, ESQ.
KEVIN P. HICKEY, ESQ.
Ass't Attorneys General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On December
7, 2011, the Honorable David R. Homer, United States Magistrate Judge, advised, by
Report-Recommendation, that defendants' motion for judgment on the pleadings be granted
and plaintiff's motion for summary judgment be denied. Plaintiff timely filed objections to the
Report-Recommendation.

Based upon a de novo review, the Report-Recommendation is accepted in whole.
See 28 U.S.C. 636(b)(1).
Therefore it is
ORDERED that
1. Defendants' motion for judgment on the pleadings is GRANTED; and
2. Plaintiff's motion for summary judgment is DENIED.
The Clerk is directed to file a judgment dismissing the complaint and close the file.
IT IS SO ORDERED.

Dated: December 29, 2011
Utica, New York.

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