Kingston v. Qudsi et al

Filing 34

DECISION and ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 33 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that 1. Defendants' 32 motion to dismiss pursuant to Federal Rule of Civil Procedure 37 is GRANTED; 2. Plaintiff's complaint is DISMISSED in its entirety; 3. The Clerk is directed to file a judgment accordingly; and 4. The Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules. Signed by Judge David N. Hurd on 10/17/2013. (Attachments: # 1 Report-Recommedation and Order) (ptm) (Copy served on plaintiff by regular mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------WINSTON KINGSTON,
Plaintiff,
No. 9:12-CV-227
-vVIDAR QUDSI, Dr., Altona Correctional Facility;
and BRIAN FISCHER, Commissioner, DOCCS,

Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

WINSTON KINGSTON
Plaintiff pro se
107-12 172 Street
Jamaica
Queens, NY 11433
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224

C. HARRIS DAGUE, 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 September 10, 2013,
the Honorable Christian F. Hummel, United States Magistrate Judge, advised by ReportRecommendation that defendants' motion to dismiss pursuant to Federal Rule of Civil
Procedure 37 be granted. Plaintiff did not oppose the motion. No objections to the ReportRecommendation 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. Defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 37 is
GRANTED;
2. Plaintiff's complaint is DISMISSED in its entirety;
3. The Clerk is directed to file a judgment accordingly; and
4. The Clerk is directed to serve a copy of this Decision and Order upon the parties
in accordance with the Local Rules.
IT IS SO ORDERED.

Dated: October 17, 2013
Utica, New York.

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