Robinson v. Uhler

Filing 25

DECISION AND ORDER: ORDERED that 24 Report and Recommendation is accepted in whole. ORDERED that 18 Motion to Dismiss for Failure to State a Claim is granted. ORDERED that plaintiff's complaint is dismissed in its entirety. Signed by Judge David N. Hurd on 9/13/17. {order served via regular mail on plaintiff}(nas )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------DEQUAN K. ROBINSON,
Plaintiff,
-v-

9:16-CV-232
(DNH/DJS)

DONALD G. UHLER, Superintendent,
Upstate Correctional Facility,
Defendant.
-------------------------------APPEARANCES:

OF COUNSEL:

DEQUAN K. ROBINSON
Plaintiff pro se
09-A-4163
Great Meadow Correctional Facility
Box 51
Comstock, NY 12821
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
The Capitol
Albany, NY 12224

RYAN W. HICKEY, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Dequan K. Robinson brought this civil rights action pursuant to 42
U.S.C. § 1983. On August 14, 2017, the Honorable Daniel J. Stewart, United States
Magistrate Judge, advised by Report-Recommendation that defendant's motion to dismiss be
granted and that the complaint be dismissed in its entirety. No objections to the ReportRecommendation were filed.

Based upon a de novo review of the Report-Recommendation, the ReportRecommendation 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 in its entirety.
The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.

Dated: September 13, 2017
Utica, New York.

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