Summary
recommending summary judgment in defendants' favor where plaintiff's conclusory assertions, without more, were insufficient to maintain claims
Summary of this case from Nowlin v. Monroe Cnty.Opinion
9:06-CV-562.
December 8, 2009
WOODROW FLEMMING, No. 03-A-5259, Upstate Correctional Facility, Malone, New York, Plaintiff Pro Se.
DAVID L. COCHRAN, ESQ., Assistant Attorney General, HON. ANDREW M. CUOMO, New York State Attorney General, The Capitol, Albany, New York, Attorney for Defendants.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed on the 16th day of November 2009. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. Plaintiff's motion for summary judgment is denied in all respects. Defendants' cross-motion for summary judgment is granted in all respects and judgment be entered for all defendants on all claims.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.