Opinion
9:14-CV-1419 (DNH/ATB)
09-24-2015
SERVISIO SIMMON, Plaintiff, v. D. UHLER, et al., Defendants.
APPEARANCES: SERVISIO SIMMON Plaintiff, pro se, 07-A-1347 Auburn Correctional Facility P.O. Box 618 Auburn, New York 13021 HON. ERIC T. SCHNEIDERMAN Office of the Attorney General - Albany Counsel for Defendant The Capitol Albany, New York 12224 OF COUNSEL: Oriana L. Carravetta, Esq.
APPEARANCES: SERVISIO SIMMON
Plaintiff, pro se, 07-A-1347
Auburn Correctional Facility
P.O. Box 618
Auburn, New York 13021
HON. ERIC T. SCHNEIDERMAN
Office of the Attorney General - Albany
Counsel for Defendant
The Capitol
Albany, New York 12224
OF COUNSEL: Oriana L. Carravetta, Esq. DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Servisio Simmon filed this action on November 24, 2014. On August 19, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 be granted. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendant's motion for summary judgment (ECF No. 13) is GRANTED;
2. Plaintiff's complaint is DISMISSED IN ITS ENTIRETY; and
3. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED.
/s/_________
United States District Judge
Dated: September 24, 2015
Utica, New York.