Opinion
9:14-CV-1351 (DNH/CFH)
03-29-2016
APPEARANCES: JESSE J. MILLER Plaintiff, pro se 12-B-0543 Fishkill Correctional Facility P.O. Box 1245 Beacon, NY 12508 HON. ERIC T. SCHNEIDERMAN New York State Attorney General - Albany Attorneys for Defendant The Capitol Albany, NY 12224 OF COUNSEL: NICOLE E. HAIMSON, ESQ. Ass't Attorney General
APPEARANCES: JESSE J. MILLER
Plaintiff, pro se
12-B-0543
Fishkill Correctional Facility
P.O. Box 1245
Beacon, NY 12508 HON. ERIC T. SCHNEIDERMAN
New York State Attorney General - Albany
Attorneys for Defendant
The Capitol
Albany, NY 12224 OF COUNSEL: NICOLE E. HAIMSON, ESQ.
Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Jesse J. Miller brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 29, 2016, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion to dismiss the complaint for failure to state a claim be granted, and the complaint be dismissed in its entirety. See ECF No. 27. Neither party timely filed objections.
Based upon a de novo review of the Report-Recommendation, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is ORDERED that:
1. Defendant's motion to dismiss is GRANTED, and the complaint is DISMISSED IN ITS ENTIRETY; and
2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
The Clerk of the Court shall enter judgment and close this case.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: March 29, 2016
Utica, New York