Shabazz v. Bezio et al

Filing 23

MEMORANDUM-DECISION AND ORDER: ORDERED, that the 21 Report and Recommendation of United States Magistrate Judge David R. Homer is accepted. ORDERED, that the 17 Motion to Dismiss is granted and the case dismissed. Signed by Judge Norman A. Mordue on 2/8/12. (served on plaintiff by regular mail) (alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK gggggggggggggggggggggggggggggggggggggggggggggggggggggggg RAHEEM SHABAZZ, Plaintiff, -v- 9:10-CV-1212 (NAM/DRH) N G.R. BEZIO, Correction LT., Clinton Annex Correctional Facility; E. RICE, Correction Sgt.; Clinton Annex Correctional Facility; and P. CHASE, Correction Lt., Clinton Annex Correctional Facility, Defendants. gggggggggggggggggggggggggggggggggggggggggggggggggggggggg APPEARANCES: A Raheem Shabazz 96-A-5174 Wyoming Correctional Facility Post Office Box 501 Attica, New York 14011 Plaintiff pro se Hon. Eric T. Schneiderman, Attorney General for the State of New York Charles J. Quackenbush, Esq., Assistant Attorney General The Capitol Albany, New York 12224-0341 Attorney for Defendants Hon. Norman A. Mordue, U.S. District Judge: M MEMORANDUM-DECISION AND ORDER Defendants move (Dkt. No. 17) to dismiss the complaint under Fed. R. Civ. P. 12(b)(6). Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States Magistrate Judge David R. Homer issued a Report and Recommendation (Dkt. No. 21) recommending that defendants’ motion be granted and the case dismissed. Plaintiff objects (Dkt. No. 22). Upon de novo review pursuant to 28 U.S.C. § 636(b)(1)(C), this Court accepts Magistrate Judge Homer’s Report and Recommendation and dismisses the complaint. It is therefore ORDERED that the Report and Recommendation of United States Magistrate Judge David R. Homer (Dkt. No. 21) is accepted; and it is further ORDERED that the motion (Dkt. No. 17) to dismiss is granted and the case dismissed; and it is further N ORDERED that the Clerk of the Court is directed to serve copies of this MemorandumDecision and Order in accordance with the Local Rules of the Northern District of New York. IT IS SO ORDERED. February 8, 2012 Syracuse, New York A M -2-

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