Brooks v. Brennon et al

Filing 52

ORDER: ORDERED that 50 Report and Recommendation is hereby adopted in its entirety. This case is dismissed in its entirety as to all claims and all defendants pursuant to Fed. R. Civ. P. 41 and N.D.N.Y.L.R. 41.2(a). Signed by Senior Judge Norman A. Mordue on 2/18/15. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
DERRICK BROOKS,
Plaintiff,
v.

9:12-CV-624
(NAM/CFH)

N

RYAN P. BRENNAN, Secure Care Treatment
Aide, CNYPC; CHRISTOPHER D. SMITH,
Secure Care Treatment Aide, CNYPC;
LAURA SMITH-CREASER, R.N., Ward
Nurse/Supervisor for Ward 605,
CNYPC; and BRETT DAVIS, Secure Care
Treatment Aide, CNYPC,
Defendants.
________________________________________________
APPEARANCES:

OF COUNSEL:

A

DERRICK BROOKS
#172543
Central New York Psychiatric Center
P.O. Box 300
Marcy, New York 13403
Plaintiff, pro se

M

HON. ERIC T. SCHNEIDERMAN
Attorney General for the
State of New York
The Capitol
Albany, New York 12224-0341
Attorney for Defendants Ryan Brennan,
Christopher D. Smith, Laura Smith-Creaser

CATHY Y. SHEEHAN, ESQ.
Assistant Attorney General

ARMOND J. FESTINE, ESQ.
258 Genesee Street, Suite 603
Utica, New York 13502
Attorney for Defendant Brett Davis
NORMAN A. MORDUE, SENIOR U. S. DISTRICT JUDGE

ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge
Christian F. Hummel, duly filed on the 28th day of January 2015. Following fourteen (14) days
from the service thereof, the Clerk has sent me the file, including any and all objections filed by
the parties herein.
N

After careful review of all of the papers herein, including the Magistrate Judge’s ReportRecommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. This case is dismissed in its entirety as to all claims and all defendants pursuant to

A

Fed. R. Civ. P. 41 and N.D.N.Y.L.R. 41.2(a).
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the
Magistrate Judge assigned to this case.
IT IS SO ORDERED.

M

Dated: February 18, 2015
Syracuse, New York

2