Alvarez v. Fischer et al

Filing 24

ORDER: ORDERED that 23 Report and Recommendation is adopted in its entirety and that 14 Motion for summary judgment is granted and plaintiff's claims are dismissed in its entirety as to all defendants.Signed by Judge Norman A. Mordue on 2/21/12. {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
SIXTO ALVAREZ,
Plaintiff,
v.

9:11-CV-236

BRIAN FISCHER, New York State DOCS
Commissioner, et al.,
N

Defendants.
________________________________________________
APPEARANCES:

OF COUNSEL:

Sixto Alvarez
Plaintiff, pro se

A

Charles J. Quackenbush
New York State Attorney General - Albany Office
The Capitol
Albany, NY 12224
NORMAN A. MORDUE, U. S. DISTRICT JUDGE
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge
Andrew T. Baxter, duly filed on the 27th day of January 2012. Following fourteen (14) days from

M

the service thereof, the Clerk has sent me the file, including any and all objections filed by the
parties herein.
After careful review of all of the papers herein, including the Magistrate Judge’s ReportRecommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. The defendants’ motion for summary judgment (Dkt. No. 14) is granted, and plaintiff’s

claims are dismissed in its entirety as to all defendants.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the
Magistrate Judge assigned to this case. Plaintiff shall be served by certified mail, return receipt
requested.
IT IS SO ORDERED.
Dated: February 21, 2012
Syracuse, New York
N
A
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