Brown v. Fischer et al

Filing 86

DECISION and ORDER: Based upon a de novo determination of the portions of the Report- Recommendation to which plaintiff objected, the 71 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' 56 motion for summary judgment is GRANTED; and 2. Plaintiff's amended complaint is DISMISSED with prejudice. The Clerk is directed to file judgment accordingly and close the file. Signed by Judge David N. Hurd on 8/6/2013. (ptm) (Copy served on plaintif by regular mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------KURELL BROWN,
Plaintiff,
-v-

9:11-CV-1298

R. W. DREYFUS and NORMAN BEZIO,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

KURELL BROWN
Plaintiff pro se
06-A-1186
Upstate Correctional Facility
P.O. Box 2001
Malone, NY 12953
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
The Capitol
Albany, NY 12224

MICHAEL G. MCCARTIN, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On April 30,
2013, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by
Report-Recommendation, that defendants' motion for summary judgment be granted and the

amended complaint be dismissed with prejudice. Plaintiff timely filed objections to the
Report-Recommendation.
Based upon a de novo determination of the portions of the ReportRecommendation 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. Defendants' motion for summary judgment is GRANTED; and
2. Plaintiff's amended complaint is DISMISSED with prejudice.
The Clerk is directed to file judgment accordingly and close the file.
IT IS SO ORDERED.

Dated: August 6, 2013
Utica, New York.

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