Opinion
9:05-CV-582.
October 31, 2008
APPEARANCES: EDWARD KOEHL, Plaintiff, Pro Se, 94-A-2890, Clinton Correctional Facility, Dannemora, NY.
HON. ANDREW M. CUOMO, Attorney General of the, State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, New York.
CHARLES J. QUACKENBUSH, ESQ., JAMES B. McGOWAN, ESQ., Asst. Attorneys General.
ORDER
Plaintiff, Edward Koehl, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated September 18, 2008, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion for summary judgment (Docket No. 99) be granted, and that plaintiff's complaint be dismissed in its entirety. The plaintiff has filed timely objections to the Report Recommendation.
Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED;
2. Plaintiff's complaint is DISMISSED in its entirety; and
3. The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.