KOPY v. HOWARD

Full title: GARY KOPY, Plaintiff, v. GARY HOWARD, Sheriff, Tioga County Jail, Defendant

Court: United States District Court, N.D. New York

Date published: Sep 21, 2010

9:07-CV-417 (N.D.N.Y. Sep. 21, 2010)

Opinion

9:07-CV-417.

September 21, 2010

GARY KOPY, 07-B-877, Gouverneur Correctional Facility, Gouverneur, NY.

FRANK W. MILLER, ESQ., Attorney for Defendant, East Syracuse, NY.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff, Gary Kopy, commenced this civil rights action in April 2007, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated August 11, 2010, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that defendant's motion for summary judgment (Docket No. 46 49) be granted, and the amended complaint be dismissed in its entirety. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the file, and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Defendant's motion for summary judgment (Docket Nos. 46 and 49) is GRANTED;

2. The amended complaint is DISMISSED in its entirety; and

3. The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.

Dated: September 21, 2010

Utica, New York.