Geer v. Beebe et al

Filing 26

DECISION AND ORDER: ORDERED that 24 Report and Recommendation is accepted in whole; ORDERED that 20 Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56 is GRANTED. ORDERED that the complaint is dismissed in its entirety. Signed by Judge David N. Hurd on 3/24/17. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------PAKENAUTH GEER,
Plaintiff,
-v-

9:14-CV-0984
(DNH/DEP)

TIM SHEEHAN, Assistant Superintendent,
Washington Correctional Facility;
Defendant.
-------------------------------APPEARANCES:

OF COUNSEL:

PAKENAUTH GEER
Plaintiff, Pro Se
05-A-1952
Buffalo Federal Detention Facility
4250 Federal Drive
Batavia, New York 14020
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorneys for Defendant
The Capitol
Albany, New York 12224

MICHAEL G. MCCARTIN, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Pakenauth Geer brought this civil rights action pursuant to 42 U.S.C.
§ 1983. On December 22, 2014, plaintiff amended his complaint. See ECF No. 5. On February
6, 2017, the Honorable David E. Peebles, United States Magistrate Judge, advised by ReportRecommendation that the defendants’ motion for summary judgment pursuant to Federal Rule

of Civil Procedure 56 (ECF No. 20) be granted. No objections to the Report-Recommendation
have been 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) Defendants’ motion for summary judgment pursuant to Federal Rule of Civil
Procedure 56 (ECF No. 20) is GRANTED;
(2) The Complaint is DISMISSED IN ITS ENTIRETY;
(3) 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 the case
IT IS SO ORDERED.

Dated: March 24, 2017
Utica, New York

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