James v. Morgan et al

Filing 39

DECISION AND ORDER: ORDERED that 38 Report and Recommendation is accepted in whole. ORDERED that 31 Motion for Summary Judgment is GRANTED, and the complaint is DISMISSED IN ITS ENTIRETY. Signed by Judge David N. Hurd on 2/22/16. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------RODNEY KEITH JAMES,
Plaintiff,
-v-

9:13-CV-526
(DNH/CFH)

KASKIW, WILBER, and FARNUM,
Defendant.
-------------------------------APPEARANCES:

OF COUNSEL:

RODNEY KEITH JAMES
Plaintiff, Pro Se
C-46388
CNY PC
PO Box 300
Marcy, NY 13403
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorneys for Defendant
615 Erie Boulevard West
Suite 102
Syracuse, NY 13204

TIMOTHY P. MULVEY, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Rodney Keith James brought this civil rights action pursuant to 42
U.S.C. § 1983. On January 28, 2016, the Honorable Christian F. Hummel, United States
Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary

judgment be granted, and the complaint be dismissed in its entirety. See ECF No. 31.
Neither party timely filed objections.
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. Defendants' motion for summary judgment is GRANTED, 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: February 22, 2016
Utica, New York

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