Opinion
9:13-CV-953 (DNH/ATB)
12-30-2015
CHARLES W. GERENA, Plaintiff, v. NICK PEZDEK, et al., Defendants.
APPEARANCES: CHARLES W. GERENA Plaintiff, Pro se TIMOTHY P. MULVEY, ESQ. Asst. Attorney General
APPEARANCES: CHARLES W. GERENA
Plaintiff, Pro se TIMOTHY P. MULVEY, ESQ.
Asst. Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Charles W. Gerena brought this civil rights action pursuant to 42 U.S.C. § 1983. On December 8, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted, and the complaint be dismissed in its entirety. See ECF No. 77. Plaintiff submitted objections to the Report-Recommendation. See ECF No. 80.
Based upon a de novo review of the Report-Recommendation to which plaintiff objected, 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 the complaint is DISMISSED IN ITS ENTIRETY; and
2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
The Clerk of the Court shall enter judgment and close this case.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: December 30, 2015
Utica, New York