Henry v. Dinello

Full title: THOMAS HENRY, Plaintiff, v. DAVID DINELLO, Defendant.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Feb 4, 2021

9:19-CV-1059 (N.D.N.Y. Feb. 4, 2021)

Opinion

9:19-CV-1059

02-04-2021

THOMAS HENRY, Plaintiff, v. DAVID DINELLO, Defendant.

APPEARANCES: Thomas Henry Plaintiff, Pro Se 19711 Cayuga County Jail 7445 County House Road Auburn, NY 13021 HON. LETITIA JAMES New York State Attorney General Attorneys for Defendant The Capitol Albany, NY 12224 KONSTANDINOS D. LERIS, ESQ. Ass't Attorney General

DAVID N. HURD United States District Judge

APPEARANCES:	OF COUNSEL:
Thomas HenryPlaintiff, Pro Se19711Cayuga County Jail7445 County House RoadAuburn, NY 13021
HON. LETITIA JAMESNew York State Attorney GeneralAttorneys for DefendantThe CapitolAlbany, NY 12224	KONSTANDINOS D. LERIS, ESQ.Ass't Attorney General

DAVID N. HURD United States District Judge DECISION and ORDER

Pro se plaintiff Thomas Henry ("plaintiff") filed this action alleging that defendant violated his civil rights at Gouverneur Correctional Facility. On January 12, 2021, U.S. Magistrate Judge Therese Wiley Dancks advised by Report & Recommendation that defendant's motion to dismiss and for summary judgment be denied. Dkt. No. 27. Neither party has filed an objection. Upon review for clear error, the Report & Recommendation is accepted and adopted in all respects. See FED. R. CIV. P. 72(b).

Therefore, it is

ORDERED that

1. Defendant's motion to dismiss and for summary judgment is DENIED.

The Clerk of the Court is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.

IT IS SO ORDERED. Dated: February 4, 2021

Utica, New York.

/s/_________

United States District Judge