Hamilton v. New York City Municipal et al

Filing 22

DECISION AND ORDER: The Report and Recommendation (Dkt. No. 20 ) is accepted in whole. ORDERED, that Defendant New York City Municipal's motion to dismiss (Dkt. No. 15 ) for failure to state a claim pursuant to Federal Rule of Civil Procedur e 12(b)(6) is GRANTED. ORDERED, that Defendant Andrea B. Evans' motion for judgment on the pleadings (Dkt. No. 9 ) pursuant to Rule 12(c) is GRANTED. ORDERED, that Plaintiff Derrick Hamilton's motion for a preliminary injunction (Dkt. No. 2 ) is DENIED as moot. ORDERED, that the Clerk is directed to enter judgment dismissing the complaint. Signed by Judge David N. Hurd on 2/3/12. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------DERRICK HAMILTON,
Plaintiff,
9:11-CV-0348
(DNH/DEP)

-vNEW YORK CITY MUNICIPAL and ANDREA B.
EVANS, Chairwoman, New York State Parole
Board,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

DERRICK HAMILTON
93-A-5631
Plaintiff, pro se
Auburn Correctional Facility
P.O. Box 618
Auburn, NY 13021
LAW OFFICE OF DANIEL W. COFFEY
Attorneys for Defendant New York City
119 Washington Avenue
2nd Floor
Albany, NY 12210

DANIEL W. COFFEY, ESQ.

HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant Evans
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 action pursuant to 42 U.S.C. § 1983. On January 10, 2012,
the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-

Recommendation, that defendant New York City's motion to dismiss for failure to state
a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) be granted; that defendant
Evans' motion for judgment on the pleadings pursuant to Rule 12(c) be granted; and
that plaintiff's motion for a preliminary injunction be denied as moot. 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
1. Defendant New York City Municipal's motion to dismiss for failure to state a
claim pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED;
2. Defendant Andrea B. Evans' motion for judgment on the pleadings pursuant
to Rule 12(c) is GRANTED; and
3. Plaintiff Derrick Hamilton's motion for a preliminary injunction is DENIED as
moot.
The Clerk is directed to enter judgment dismissing the complaint.
IT IS SO ORDERED.

Dated: February 3, 2012
Utica, New York.

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