Black v. Fischer

Full title: RICHARD BLACK, Plaintiff, v. BRIAN FISCHER, Commissioner; LUCIEN J…

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

Date published: Mar 23, 2010

9:08-CV-0231 {DNH} (N.D.N.Y. Mar. 23, 2010)

Opinion

9:08-CV-0231 {DNH}.

March 23, 2010

OF COUNSEL: RICHARD BLACK, Plaintiff Pro Se, Bronx, New York.

DEAN J. HIGGINS, ESQ., Assistant Attorney General, HON. ANDREW M. CUOMO, Office of Attorney General, State of New York, Department of Law, The Capitol, Albany, New York.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff, Richard Black, brought this civil rights action in February 2008, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated February 4, 2010, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion (Docket No. 54) be granted, and that all of plaintiff's claims in this action be dismissed. The plaintiff has filed objections to the Report-Recommendation.

Based upon a de novo review of the Report-Recommendation and the entire file, including those portions to which the plaintiff has objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Defendants' motion (Docket No. 54) is GRANTED;

2. All of plaintiff's claims in this action are DISMISSED; and

3. The Clerk is directed to file judgment accordingly and close the file.

IT IS SO ORDERED.