Gilmore v. Schenectady County Sheriffs et al

Filing 63

DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. It is ORDERED that 1. Defendants' motion for summary judgment is GRANTED; 2. Plaintiff's second amended complaint is DISMISSED in its entirety; and 3. The Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 8/21/2019. (Copy served via regular mail)(meb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------DALE GILMORE,
Plaintiff,
-v-

9:17-CV-1349
(DNH/TWD)

SMITH, Badge #287; SERGEANT GUIDO;
SERGEANT GANGUREM; SERGEANT
CELLINO; CAPTAIN DEAN; and OFFICER
DOE,

Defendants.
-------------------------------APPEARANCES:
DALE GILMORE
Plaintiff pro se
18-A-0389
Clinton Correctional Facility - Annex
P.O. Box 2002
Dannemora, NY 12929
GOLDBERG SEGALLA, LLP
Attorney for Defendants
8 Southwoods Boulevard, Suite 300
Albany, NY 12211

JONATHAN M. BERNSTEIN, ESQ.

DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Dale Gilmore brought this civil rights action pursuant to 42 U.S.C.
§ 1983. On July 22, 2019, the Honorable Thérèse Wiley Dancks, United States Magistrate
Judge, advised by Report-Recommendation that defendants' motion for summary judgment

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 is GRANTED;
2. Plaintiff's second amended complaint is DISMISSED in its entirety; and
3. The Clerk is directed to enter judgment accordingly and close the file.

Dated: August 21, 2019
Utica, New York.

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