Hill v. Bellinier et al

Filing 63

DECISION and ORDER: ORDERED that 59 Report and Recommendation is accepted and adopted in its entirety. ORDERED that 43 Motion for Summary Judgment is denied in its entirety. Signed by Judge Glenn T. Suddaby on 2/24/14. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
MASHAMA HILL,
Plaintiff,
9:11-CV-0392
(GTS/ATB)

vs.
SEAN PATTERSON, Corr. Officer,
Upstate Corr. Facility,
Defendant.
__________________________________________
APPEARANCES:

OF COUNSEL:

MASHAMA HILL, 20729-055
Plaintiff, Pro Se
MDC Brooklyn
Metropolitan Detention Center
P.O. Box 329002
Brooklyn, NY 11232
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Counsel for Defendant
The Capitol
Albany, New York 12224

KEVIN P. HICKEY, ESQ.
Assistant Attorney General

GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
Currently before the Court, in this pro se prisoner civil rights action filed by Mashama
Hill (“Plaintiff”) against the above-captioned New York State correctional officer (“Defendant”),
are (1) Plaintiff’s motion for summary judgment, (2) United States Magistrate Judge Baxter's
Report-Recommendation recommending that Plaintiff’s motion for summary judgment be
denied, and (3) Plaintiff’s Objection to the Report-Recommendation. (Dkt. Nos. 43, 59, 60.)
After carefully reviewing the relevant filings in this action, the Court can find no error in the

Report-Recommendation, clear or otherwise: Magistrate Judge Baxter employed the proper
legal standards, accurately recited the facts, and reasonably applied the law to those facts. As a
result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein.
(Dkt. No. 59.)
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter’s Report-Recommendation (Dkt. No. 59) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff’s motion for summary judgment (Dkt. No. 43) is DENIED in
its entirety.
Dated: February 24, 2014
Syracuse, New York

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