Opinion
9:18-CV-807 (DNH/ATB)
01-06-2020
MICHAEL A. DEMUTH, Plaintiff, v. C.O. COWLEY, Correctional Officer, Chenango County Correctional Facility, Defendant.
APPEARANCES: MICHAEL A. DEMUTH Plaintiff, Pro Se 19-B-1439 Collins Correctional Facility P.O. Box 340 Collins, NY 14034 OFFICE OF FRANK W. MILLER Attorney for Defendant 6575 Kirkville Road East Syracuse, NY 13057 OF COUNSEL: FRANK W. MILLER, ESQ.
APPEARANCES: MICHAEL A. DEMUTH
Plaintiff, Pro Se
19-B-1439
Collins Correctional Facility
P.O. Box 340
Collins, NY 14034 OFFICE OF FRANK W. MILLER
Attorney for Defendant
6575 Kirkville Road
East Syracuse, NY 13057 OF COUNSEL: FRANK W. MILLER, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Michael A. Demuth brought this civil rights action pursuant to 42 U.S.C. § 1983. On October 3, 2019, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion for summary judgment be granted and that plaintiff's Amended Complaint be dismissed in its entirety. No objections to the Report-Recommendation have been 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. Defendant's motion for summary judgment is GRANTED;
2. Plaintiff's Amended Complaint is DISMISSED; and
3. The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: January 6, 2020
Utica, New York.