Opinion
No. 9:12-CV-227
2013-10-17
WINSTON KINGSTON, Plaintiff, v. VIDAR QUDSI, Dr., Altona Correctional Facility; and BRIAN FISCHER, Commissioner, DOCCS, Defendants.
WINSTON KINGSTON Plaintiff pro se HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants C. HARRIS DAGUE, ESQ. Ass't Attorney General
APPEARANCES: WINSTON KINGSTON
Plaintiff pro se
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
OF COUNSEL: C. HARRIS DAGUE, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On September 10, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 37 be granted. Plaintiff did not oppose the motion. 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. Defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 37 is GRANTED;
2. Plaintiff's complaint is DISMISSED in its entirety;
3. The Clerk is directed to file a judgment accordingly; and
4. The Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules.
IT IS SO ORDERED.
__________________
United States District Judge
Dated: October 17, 2013
Utica, New York.