Youngblood v. McKoy et al

Filing 43

DECISION and ORDER: The 40 Report and Recommendation is accepted in whole. ORDERED that 25 Motion for Summary Judgment is granted. Signed by Judge David N. Hurd on 3/14/12. {order served via regular mail on all non-ecf parties}(nas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ANDRE YOUNGBLOOD, Plaintiff, -v- 9:10-CV-1255 JEFF MCKOY and NURSE REED, Defendants. -------------------------------APPEARANCES: OF COUNSEL: ANDRE YOUNGBLOOD, 03-A-1665 Plaintiff pro se Auburn Correctional Facility P.O. Box 618 Auburn, NY 13021 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 ADRIENNE J. KERWIN, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. ยง 1983. On February 6, 2012, the Honorable George H. Lowe, 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, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Therefore it is ORDERED that Defendants' motion for summary judgment, Dkt. No. 25, is GRANTED; and The Clerk is directed to file a judgment dismissing the complaint and close the file. IT IS SO ORDERED. Dated: March 14, 2012 Utica, New York. -2-

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