Opinion
9:09-CV-580
04-03-2012
CORY CALDWELL, Plaintiff, v. GETTMANN, Corrections Officer, and WINSTON, Corrections Officer, Defendants.
CORY CALDWELL, Pro Se HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant OF COUNSEL: ADRIENNE J. KERWIN, ESQ. Ass't Attorney General
APPEARANCES:
CORY CALDWELL, Pro Se
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
OF COUNSEL:
ADRIENNE J. KERWIN, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On March 2, 2012, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for summary judgment be granted and plaintiff's complaint be dismissed. 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. Defendants' motion for summary judgment is GRANTED; and
2. Plaintiff's complaint is DISMISSED.
The Clerk is directed to file a judgment dismissing the complaint and close the file.
IT IS SO ORDERED. Dated: April 3, 2012
Utica, New York.
______________
United States District Judge