Opinion
9:09-CV-00266
11-16-2012
GERRARD J. BLAKE, Plaintiff, v. EDWIN H. ELFELDT, Coordinator for Sex Offender Counseling and Treatment Program for New York State Department of Correctional Services; L. WEINGARTNER, Deputy Superintendent for Programs at Five Points Correctional Facility; KATHLEEN ALTMAN, Correctional Counselor at Five Points Correctional Facility; and TOUSIGNANT, Parole Officer at Upstate Correctional Facility, Defendants.
REISMAN, RUBEO & McCLURE, LLP Attorneys for Plaintiff HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants OF COUNSEL: MARK IRWIN REISMAN, ESQ. CHRISTOPHER W. McCLURE, ESQ. JAMES J. SEAMAN, ESQ. Ass't Attorney General
APPEARANCES: REISMAN, RUBEO & McCLURE, LLP
Attorneys for Plaintiff
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
OF COUNSEL: MARK IRWIN REISMAN, ESQ.
CHRISTOPHER W. McCLURE, ESQ.
JAMES J. SEAMAN, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On October 11, 2012, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for summary judgment be granted and plaintiff's claims be dismissed. Plaintiff timely filed objections to the Report-Recommendation.
Based upon a de novo review, the Report-Recommendation is accepted. See 28 U.S.C. § 636(b)(1). Even if the plaintiff's objections are correct, the defendants are still entitled to summary judgment dismissing the complaint.
Therefore it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED; and
2. The complaint is DISMISSED.
The Clerk is directed to file a judgment accordingly and close the file.
IT IS SO ORDERED. Dated: November 15, 2012
Utica, New York.
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United States District Judge