Munoz v. Superintendent/Warden et al

Filing 48

DECISION AND ORDER: ORDERED, that the Report and Recommendation (Dkt. No. 46) is accepted in whole. ORDERED, that Defendants' motion for summary judgment (Dkt. No. 38 ) is GRANTED and the action is DISMISSED with prejudice. The Clerk is directed to close the file. Signed by Judge David N. Hurd on 4/8/13. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------MAURICIO MUNOZ,
Plaintiff,
9:11-CV-0111
(DNH/TWD)

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PAUL MONPETIT; M. PUTNEY; and CALVIN
RABSATT,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

MAURICIO MUNOZ
Plaintiff pro se
Bayside State Prison
4293 Route 47
P.O. Box F1
Leesburg, NJ 08327
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorneys for Defendants
The Capitol
Albany, NY 12224

LAURA A. SPRAGUE, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On February 28, 2013,
the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised, by ReportRecommendation, that defendants' pre-answer motion for summary judgment be granted
and the action be dismissed with prejudice. No objections to the Report-Recommendation

were filed.
Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, 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 is GRANTED and the action is
DISMISSED with prejudice.
The Clerk is directed to close the file.
IT IS SO ORDERED.

Dated: April 8, 2013
Utica, New York.

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