Summary
denying plaintiff's motion for summary judgment for failure to demonstrate that there are no issues of material fact
Summary of this case from G.M.M. v. KimpsonOpinion
9:11-CV-0392 (GTS/ATB)
02-24-2014
MASHAMA HILL, Plaintiff, v. SEAN PATTERSON, Corr. Officer, Upstate Corr. Facility, Defendant.
MASHAMA HILL, 20729-055 Plaintiff, Pro Se MDC Brooklyn Metropolitan Detention Center HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Counsel for Defendant The Capitol Albany, New York 12224 OF COUNSEL: KEVIN P. HICKEY, ESQ. Assistant Attorney General
APPEARANCES: MASHAMA HILL, 20729-055
Plaintiff, Pro Se
MDC Brooklyn
Metropolitan Detention Center
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Counsel for Defendant
The Capitol
Albany, New York 12224
OF COUNSEL: KEVIN P. HICKEY, ESQ.
Assistant Attorney General
GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
Currently before the Court, in this pro se prisoner civil rights action filed by Mashama Hill ("Plaintiff") against the above-captioned New York State correctional officer ("Defendant"), are (1) Plaintiff's motion for summary judgment, (2) United States Magistrate Judge Baxter's Report-Recommendation recommending that Plaintiff's motion for summary judgment be denied, and (3) Plaintiff's Objection to the Report-Recommendation. (Dkt. Nos. 43, 59, 60.) After carefully reviewing the relevant filings in this action, the Court can find no error in the Report-Recommendation, clear or otherwise: Magistrate Judge Baxter employed the proper legal standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 59.)
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 59) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff's motion for summary judgment (Dkt. No. 43) is DENIED in its entirety. Dated: February 24, 2014
Syracuse, New York
__________________________
Hon. Glenn T. Suddaby
U.S. District Judge