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)

Download PDF
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 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?