Opinion
9:10-CV-1021
02-26-2013
ROOSEVELT BUSSEY, Plaintiff, v. CHRISTOPHER MAYER, Defendant.
Roosevelt Bussey Clinton Correctional Facility Dannemora, NY 12929 Plaintiff, pro se HON. ERIC T. SCHNEIDERMAN Attorney General of the State of New York The Capitol Albany, New York 12224 Counsel for Defendant OF COUNSEL: JUSTIN C. LEVIN, ESQ Assistant Attorney General
NAM/DEP
APPEARANCES:
Roosevelt Bussey
Clinton Correctional Facility
Dannemora, NY 12929
Plaintiff, pro se
HON. ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
The Capitol
Albany, New York 12224
Counsel for Defendant
OF COUNSEL:
JUSTIN C. LEVIN, ESQ
Assistant Attorney General
NORMAN A. MORDUE, U. S. DISTRICT JUDGE
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 4th day of February 2013. Following fourteen (14) 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 defendant Mayer's motion for summary judgment (Dkt. No. 41) is granted, and plaintiff's complaint is dismissed in all respects.
On reviewing the Report Recommendation, the Court notes a typographical error in the RECOMMENDED paragraph dismissing Dkt. No. 43, the supporting documents filed under seal in support of defendant Mayer's summary judgment motion (Dkt. No. 41).
3. 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.
Dated: February 26, 2013
Syracuse, New York
________
Honorable Norman A. Mordue
U.S. District Judge