Opinion
9:09-CV-1242.
August 12, 2010
WOODROW FLEMMING, 03-A-5259, Plaintiff, Pro Se, UpState Correctional Facility, Malone, NY, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants Department of Law The Capitol, Albany, New York., MICHAEL G. McCARTIN, ESQ, Asst. Attorney General.
DECISION and ORDER
Plaintiff, Woodrow Flemming, commenced this civil rights action in May 2005, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated July 15, 2010, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that plaintiff's motions for summary judgment (Docket Nos. 52, 53) be denied without prejudice. No objections to the Report-Recommendation have been filed.
Based upon a careful review of the file, and the recommendations of Magistrate Judge Baxter, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Plaintiff's motions for summary judgment (Docket Nos. 52, 53) are DENIED without prejudice; and
2. The file is returned to the Magistrate Judge for any further proceedings.
IT IS SO ORDERED.