Opinion
9:11-CV-1298
08-06-2013
APPEARANCES: KURELL BROWN Plaintiff pro se 06-A-1186 Upstate Correctional Facility HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant MICHAEL G. MCCARTIN, ESQ. Ass't Attorney General
APPEARANCES: KURELL BROWN
Plaintiff pro se
06-A-1186
Upstate Correctional Facility
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
OF COUNSEL: MICHAEL G. MCCARTIN, 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 April 30, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for summary judgment be granted and the amended complaint be dismissed with prejudice. Plaintiff timely filed objections to the Report-Recommendation.
Based upon a de novo determination of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED; and
2. Plaintiff's amended complaint is DISMISSED with prejudice.
The Clerk is directed to file judgment accordingly and close the file.
IT IS SO ORDERED.
____________________________
United States District Judge
Dated: August 6, 2013
Utica, New York.