Brownlee v. Graham et al
DECISION AND ORDER: ORDERED, that the 63 Report and Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED, that Defendants' motion for summary judgment (Dkt. No. 53 ) is GRANTED. ORDERED, that Plaintiff's complaint is DISMISSED in its entirety. ORDERED, that the Clerk is directed to file a judgment accordingly and close the file. Signed by Judge David N. Hurd on 11/5/13. (served on plaintiff by regular mail) (alh, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-vHAROLD GRAHAM, Superintendent;
EARL BELL, Captain; M.P. BROWN,
Lieutenant; C.M. PARRY, Sergeant; K. EVIN
HESSE, Correctional Officer; WALTES,
Correctional Officer; ZEHR, Correctional
Officer; MICHAEL HUTCHINGS, Correctional
Officer; JOANNE REILLEY, Registered Nurse;
ROBINSON, Deputy Superintendent of
Security; THOMAS, Deputy Superintendent of
Programs, all defendants employed at
Auburn Correctional Facility,
Plaintiff pro se
Marcy Correctional Facility
P.O. Box 3600
Marcy, NY 13403
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
Albany, NY 12224
DAVID N. HURD
United States District Judge
C. HARRIS DAGUE, ESQ.
Ass't Attorney General
DECISION and ORDER
Pro se plaintiff Benjamin Brownlee brought this action pursuant to 42 U.S.C. § 1983.
On October 11, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge,
advised by Report-Recommendation that defendants' motion for summary judgment be
granted and plaintiff's complaint be dismissed in its entirety. 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.
Therefore it is
1. Defendants' motion for summary judgment is GRANTED; and
2. Plaintiff's complaint is DISMISSED in its entirety.
The Clerk is directed to file a judgment accordingly and close the file.
IT IS SO ORDERED.
Dated: November 5, 2013
Utica, New York.
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