Dolberry v. Jakob, et al

Filing 56

DECISION AND ORDER: The 54 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). ORDERED, that Plaintiff's 37 Motion for Summary Judgment is DENIED. ORDERED, that Plaintiff's complaint is DI SMISSED in its entirety based upon his material misrepresentations to the court and abuse of the litigation process. ORDERED, that Defendants' 45 Motion for Summary Judgment is DENIED as moot. Signed by Judge David N. Hurd on 3/28/14. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------ANDRE DOLBERRY,
9:11-CV-1018
(DNH/DEP)
Plaintiff,
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CORRECTION OFFICER JAKOB, et al.,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

ANDRE DOLBERRY, Pro Se
14-A-1111
Downstate Correctional Facility
Box F
Fishkill, NY 12524
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
Attorney for Defendants
The Capitol
Albany, NY12224

ADELE TAYLOR-SCOTT, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Andre Dolberry, who is also sometimes known as Andre Duberry,
brought this action pursuant to 42 U.S.C. § 1983. On February 28, 2014, the Honorable
David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that
plaintiff's motion for summary judgment be denied, and that plaintiff's complaint in this action
be dismissed based upon his material misrepresentation to the court, under oath, that he has

not brought any prior actions relating to his imprisonment. Plaintiff timely filed objections to
the Report-Recommendation.
Based upon a de novo review of the portions of the Report-Recommendation to
which plaintiff objected, the Report-Recommendation is accepted and adopted in all
respects. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Plaintiff's motion for summary judgment is DENIED;
2. Plaintiff's complaint is DISMISSED in its entirety based upon his material
misrepresentations to the court and abuse of the litigation process; and
3. Defendants' motion for summary judgment is DENIED as moot.
The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in
accordance with the Local Rules.
IT IS SO ORDERED.

Dated: March 28, 2014
Utica, New York.

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