Quick v. Graham et al

Filing 144

***VACATED***DECISION AND ORDER: The 135 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED, that Defendant's second motion for summary judgment is GRANTED (ECF No. 116 ), and the complaint is DISMISSED IN I TS ENTIRETY. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. The Clerk of the Court shall enter judgment and close this case. Signed by Judge David N. Hurd on 3/7/16. (served on plaintiff by regular mail) (alh, ) Modified on 3/7/2016 per Text Order dkt. no. 145. (alh, ).

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------DESMOND QUICK,
Plaintiff,
-v-

9:12-CV-1717
(DNH/ATB)

HAROLD GRAHAM,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

CHARLES W. GERENA
Plaintiff, Pro se
03-B-1945
Great Meadow Correctional Facility
Box 51
Comstock, NY 12821
New York State Attorney General
The Capitol
Albany, NY 12224

COLLEEN D. GALLIGAN, ESQ.

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Desmond Quick brought this civil rights action pursuant to 42 U.S.C.
§ 1983. On January 8, 2016, the Honorable Andrew T. Baxter, United States Magistrate
Judge, advised by Report-Recommendation that defendant's motion for summary judgment
be granted, and the complaint be dismissed in its entirety. See ECF No. 135. No objections
were filed.
Based upon a de novo review of the Report-Recommendation, the ReportRecommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is ORDERED that:

1. Defendant's second motion for summary judgment is GRANTED (ECF No. 116),
and the complaint is DISMISSED IN ITS ENTIRETY; and
2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance
with the Local Rules.
The Clerk of the Court shall enter judgment and close this case.
IT IS SO ORDERED.

Dated: March 7, 2016
Utica, New York

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