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, )

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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-

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