Opinion
9:11-CV-0348 (DNH/DEP)
02-03-2012
DERRICK HAMILTON, Plaintiff, v. NEW YORK CITY MUNICIPAL and ANDREA B. EVANS, Chairwoman, New York State Parole Board, Defendants.
DERRICK HAMILTON 93-A-5631 Plaintiff, pro se Auburn Correctional Facility OF COUNSEL: LAW OFFICE OF DANIEL W. COFFEY Attorneys for Defendant New York City DANIEL W. COFFEY, ESQ. HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant Evans
APPEARANCES:
DERRICK HAMILTON
93-A-5631
Plaintiff, pro se
Auburn Correctional Facility
OF COUNSEL:
LAW OFFICE OF DANIEL W. COFFEY
Attorneys for Defendant New York City
DANIEL W. COFFEY, ESQ.
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant Evans
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On January 10, 2012, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report- Recommendation, that defendant New York City's motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) be granted; that defendant Evans' motion for judgment on the pleadings pursuant to Rule 12(c) be granted; and that plaintiff's motion for a preliminary injunction be denied as moot. 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. Defendant New York City Municipal's motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED;
2. Defendant Andrea B. Evans' motion for judgment on the pleadings pursuant to Rule 12(c) is GRANTED; and
3. Plaintiff Derrick Hamilton's motion for a preliminary injunction is DENIED as moot.
The Clerk is directed to enter judgment dismissing the complaint.
IT IS SO ORDERED.
Dated: February 3, 2012
Utica, New York.
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United States District Judge