Bowens v. Smith et al

Filing 53

ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed December 15, 2014 (Dkt. No. 52 ) is ACCEPTED in its entirety for the reasons stated therein. ORDERED that defendant's motion for summary judgment ( Dkt. No. 48 ) is GRANTED and the complaint is DISMISSED IN ITS ENTIRETY. ORDERED that the Clerk close this case and provide a copy of this Order to the parties in accordance to the local rules. Signed by Chief Judge Gary L. Sharpe on 1/16/15.{order served via regular mail on plaintiff} (nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------JERRY BOWENS
Plaintiff,
-v.Civil Action No.
9:11-cv-784 (GLS/ATB)
JOSEPH T. SMITH, Superintendent;
Shawangunk Correctional Facility
Defendant.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
JERRY BOWENS
09-A-5598
Plaintiff Pro Se
Clinton Correctional Facility
P.O. Box 2002
Dannemora, New York 12929
FOR THE DEFENDANT:
HON. ERIC T. SCHNEIDERMAN
Attorney General of the
State of New York
The Capitol
Albany, New York 12224
GARY L. SHARPE,
CHIEF JUDGE

RICHARD LOMBARDO, ESQ.
Assistant Attorney General

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Andrew T. Baxter, duly filed
December 15, 2014. Following fourteen days from the service thereof, the
Clerk has sent the file, including any and all objections filed by the parties
herein.
No objections having been filed, and the court having reviewed the
Magistrate Judge’s Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation of Magistrate Judge
Andrew T. Baxter filed December 15, 2014 (Dkt. No. 52) is ACCEPTED in its
entirety for the reasons stated therein; and it is further
ORDERED that defendant’s motion for summary judgment (Dkt. No.
48) is GRANTED and the complaint is DISMISSED IN ITS ENTIRETY; and
it is further
ORDERED that the Clerk close this case and provide a copy of this
Order to the parties in accordance to the local rules.
IT IS SO ORDERED.
Dated:

January 16, 2015
Albany, New York

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