Paterson v. Goord

Full title: ELWOOD PATERSON, Plaintiff, v. GLENN S. GOORD, Commissioner, DOCS; DR…

Court: United States District Court, N.D. New York

Date published: Mar 4, 2008

9:06-CV-0211 (N.D.N.Y. Mar. 4, 2008)

Opinion

9:06-CV-0211.

March 4, 2008

ELWOOD PATERSON, 349-07-05033, George Motchan Detention Center, East Elmhurst, NY, Plaintiff, Pro Se.

HON. ANDREW M. CUOMO, Attorney General for the State of New York, MEGAN M. BROWN, ESQ., Assistant Attorney General, Albany, NY, Counsel for Defendants.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge Geoge H. Lowe, duly filed on the 8^th day of February 2008. 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. The defendants' motion to dismiss (Dkt. No. 25) is granted, and plaintiff's amended complaint (Dkt. No. 11) is dismissed with prejudice.

3. The Court certifies that any appeal of this Order would not be taken in good faith. See 28 U.S.C. § 1915(a)(3).

4. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.