Young v. Monington
Filing
29
DECISION AND ORDER: ORDERED, that the 28 Report and Recommendation is accepted in whole. ORDERED, that Defendant's 17 Motion to Dismiss is GRANTED. ORDERED, that plaintiff's complaint is DISMISSED without prejudice. Signed by Judge David N. Hurd on 7/8/14. (served via regular mail on plaintiff) (alh, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------DOUGLAS YOUNG,
Plaintiff,
No. 9:13-CV-999
(DNH/RFT)
-vC.O. M. MONINGTON,
Defendant.
-------------------------------APPEARANCES:
OF COUNSEL:
DOUGLAS YOUNG, 06-A-4095
Plaintiff pro se
Wende Correctional Facility
P.O. Box 1187
Alden, NY 14004
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
The Capitol
Albany, NY 12224
GREGORY J. RODRIGUEZ, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Douglas Young brought this civil rights action pursuant to 42 U.S.C.
§ 1983. On June 16, 2014, the Honorable Thérèse Wiley Dancks, United States Magistrate
Judge, advised by Report-Recommendation that defendant's motion to dismiss pursuant to
Federal Rule of Civil Procedure 12(b)(6) be granted and plaintiff's complaint be dismissed
without prejudice. No objections to the Report-Recommendation 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.
§ 636(b)(1).
Therefore, it is
ORDERED that
1. Defendant's motion to dismiss is GRANTED; and
2. Plaintiff's complaint is DISMISSED without prejudice.
The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in
accordance with the Local Rules and close the file.
Dated: July 8, 2014
Utica, New York.
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