Celestin v. Rock et al

Filing 42

DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 40 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. 35 ) 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. Signed by Judge David N. Hurd on 3/22/17. (served on plaintiff by regular mail)(alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------CLIVENS CELESTIN,
Plaintiff,
-v-

9:15-CV-0541
(DNH/ATB)

DAVID ROCK, Superintendent, Upstate
Correctional Facility; PATERSON, Correction Officer,
Upstate Correctional Facility; A. FORBES,
Correction Officer, Upstate Correctional Facility;
KROEGER, Correction Officer; Upstate Correctional
Facility, DEMERS, Correction Officer; Upstate Correctional
Facility; D. HAUG, Food Service Administrator; Upstate
Correctional Facility; SGT. DEBYA, Upstate Correctional
Facility;
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

CLIVENS CELESTIN
Plaintiff, Pro Se
94-A-5376
Shawangunk Correctional Facility
P.O. Box 700
Wallkill, New York 12589
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorneys for Defendants
The Capitol
Albany, New York 12224
DAVID N. HURD
United States District Judge

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

DECISION and ORDER
Pro se plaintiff Clivens Celestin brought this civil rights action pursuant to 42 U.S.C.
§ 1983. See Complaint, ECF No. 1. On July 20, 2016, the Honorable Andrew T. Baxter, United
States Magistrate Judge, advised by Report-Recommendation that the defendants’ motion for
summary judgment pursuant to Federal Rule of Civil Procedure 56 (ECF No. 35) 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. 35) 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 22, 2017
Utica, New York

-2-