Opinion
9:17-CV-1349 (DNH/TWD)
08-21-2019
DALE GILMORE, Plaintiff, v. SMITH, Badge #287; SERGEANT GUIDO; SERGEANT GANGUREM; SERGEANT CELLINO; CAPTAIN DEAN; and OFFICER DOE, Defendants.
APPEARANCES: DALE GILMORE Plaintiff pro se 18-A-0389 Clinton Correctional Facility - Annex P.O. Box 2002 Dannemora, NY 12929 GOLDBERG SEGALLA, LLP Attorney for Defendants 8 Southwoods Boulevard, Suite 300 Albany, NY 12211 JONATHAN M. BERNSTEIN, ESQ.
APPEARANCES: DALE GILMORE
Plaintiff pro se
18-A-0389
Clinton Correctional Facility - Annex
P.O. Box 2002
Dannemora, NY 12929 GOLDBERG SEGALLA, LLP
Attorney for Defendants
8 Southwoods Boulevard, Suite 300
Albany, NY 12211 JONATHAN M. BERNSTEIN, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Dale Gilmore brought this civil rights action pursuant to 42 U.S.C. § 1983. On July 22, 2019, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted. 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. Defendants' motion for summary judgment is GRANTED;
2. Plaintiff's second amended complaint is DISMISSED in its entirety; and
3. The Clerk is directed to enter judgment accordingly and close the file.
/s/_________
United States District Judge Dated: August 21, 2019
Utica, New York.