Hurst v. Perdue et al

Filing 34

DECISION and ORDER: ORDERED that 32 Report and Recommendation is accepted and adopted in all respects. ORDERED that 25 Motion for Summary Judgment is granted and plaintiff's complaint is dismissed in its entirety. Signed by Judge David N. Hurd on 8/26/14. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------GERALD L. HURST,
9:13-CV-0681
(DNH/RFT)
Plaintiff,
-v-

MR. SEARLES, Lieutenant, F.C.I. Ray Brook;
MR. DEGON, Lieutenant, F.C.I. Ray Brook; MR.
HALLADAY, Correctional Officer, F.C.I. Ray
Brook; MR. GODFREY, Correctional Officer,
F.C.I. Ray Brook; and MR. HUMPHRIES,
Correctional Officer, F.C.I. Ray Brook,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

GERALD L. HURST
Plaintiff, Pro Se
64336-053
Cumberland Federal Correctional Institution
Inmate Mail/Parcels
P.O. Box 1000
Cumberland, MD 21501
THE HON. RICHARD S. HARTUNIAN
United States Attorney of the
Northern District of New York
Attorney for Defendants
P.O. Box 7198
100 South Clinton Street
Syracuse, NY 13261
DAVID N. HURD
United States District Judge

CHARLES E. ROBERTS, ESQ.
Ass't United States Attorney

DECISION and ORDER
Pro se plaintiff Gerald Hurst brought this action pursuant to 42 U.S.C. § 1983. On
July 29, 2014, the Honorable Randolph F. Treece, United States Magistrate Judge, advised
by Report-Recommendation that defendants' motion for summary judgment be granted and
plaintiff's complaint be dismissed. Plaintiff timely filed objections to the ReportRecommendation.
Based upon a de novo review of the portions of the Report-Recommendation to
which plaintiff objected, the Report-Recommendation is accepted and adopted in all
respects. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED;
2. Plaintiff's complaint is DISMISSED in its entirety; and
3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in
accordance with the Local Rules.
IT IS SO ORDERED.

Dated: August 26, 2014
Utica, New York.

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