Figueras v. Venettozzi et al

Filing 31

ORDER: ORDERED that the Report and Recommendation (Dkt. No. 29 ) is ADOPTED in its entirety. ORDERED that defendants' motion for summary judgment, (Dkt. No. 25 ), is GRANTED. ORDERED that plaintiff's complaint is DISMISSED in its entirety. ORDERED that the Clerk is directed to close the case. Signed by Senior Judge Gary L. Sharpe on 2/10/17. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
JOSE FIGUERAS,
Plaintiff,

9:15-cv-909
(GLS/DEP)

v.
D. VENETTOZZI and CAPTAIN
WILKINS,
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
JOSE FIGUERAS
Plaintiff, Pro Se
89-B-233
Fishkill Correctional Facility
P.O. Box 1245
Beacon, NY 12508
FOR THE DEFENDANTS:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
The Capitol
Albany, New York 12224

JOHN F. MOORE
Assistant Attorney General

Gary L. Sharpe
Senior District Judge
ORDER
The above-captioned matter comes to this court following an Report

and Recommendation by Magistrate Judge David E. Peebles, duly filed on
January 20, 2017. (Dkt. No. 29.) Following fourteen days from the service
thereof, the Clerk has sent the file, including any and all objections filed by
the parties herein.
No objections having been filed, and the court having reviewed the
Report and Recommendation for clear error, it is hereby
ORDERED that the Report and Recommendation (Dkt. No. 29) is
ADOPTED in its entirety; and it is further
ORDERED that defendants’ motion for summary judgment, (Dkt. No.
25), is GRANTED; and it is further
ORDERED that plaintiff’s complaint is DISMISSED in its entirety; and
it is further
ORDERED that the Clerk is directed to close the case; and it is
further
ORDERED that the clerk provide a copy of this Order to the parties in
accordance with the court’s Local Rules of Practice.
IT IS SO ORDERED.

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February 10, 2017
Albany, New York

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