Diggs v. Wood et al

Filing 70

DECISION AND ORDER: ORDERED that 68 Report- Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that 47 Defendants Sgt. Justin Delisle and Kristen J. Delisle's motion for summary judgment is GRANTED; and Plaintiff's complaint is DISMISSED in its entirety as against defendants Sgt. Justin Delisle and Kristen J. Delisle. Signed by Judge David N. Hurd on 9/26/18. {order served via regular mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------RONALD DIGGS,
Plaintiff,
-v-

9:16-CV-554
(DNH/DJS)

SGT. RONALD G. WOOD; SGT. JUSTIN
DELISLE; KRISTEN J. DELISLE, Librarian;
CHRIS DUBREY, Correctional Officer/
Sergeant; and T. ROBARE, Corrections Officer,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

RONALD DIGGS
Plaintiff, pro se
15-A-2954
Elmira Correctional Facility
P.O. Box 500
Elmira, NY 14902
BARBARA D. UNDERWOOD
Attorney General of the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224

RYAN L. ABEL, ESQ.
Assistant Attorney General

DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Ronald Diggs brought this civil rights action pursuant to 42 U.S.C.
§ 1983. On August 16, 2018, the Honorable Daniel J. Stewart, United States Magistrate
Judge, advised by Report-Recommendation that defendants Sgt. Justin Delisle and Kristen J.

Delisle's motion for summary judgment be granted and the complaint be dismissed as against
them. No objections to the Report-Recommendation were filed.
Based upon a careful 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. Defendants Sgt. Justin Delisle and Kristen J. Delisle's motion for summary
judgment is GRANTED; and
2. Plaintiff's complaint is DISMISSED in its entirety as against defendants Sgt.
Justin Delisle and Kristen J. Delisle.
IT IS SO ORDERED.

Dated: September 26, 2018
Utica, New York.

-2-