Opinion
9:11-CV-00896
02-11-2013
DENNIS J. MILLS, Plaintiff, v. BRIAN FISCHER, Commissioner, DOCS; K. NORCROSS, A.S.A.T., Counselor; D. DRAKE, A.S.A.T., Counselor; MR. STACEY, A.S.A.T., Counselor; MS. LANGLIAS, A.S.A.T., Counselor; and CHRIS LIBERTY, Senior Counselor/Programs/TAC Committee, Defendants.
DENNIS J. MILLS Plaintiff Pro Se HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants OF COUNSEL: MICHAEL G. McCARTIN, ESQ. Ass't Attorney General
APPEARANCES: DENNIS J. MILLS
Plaintiff Pro Se
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
OF COUNSEL: MICHAEL G. McCARTIN, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On January 2, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation that defendants' motion for summary judgment be granted and plaintiff's motion for appointment of counsel be denied. Plaintiff timely filed objections to the Report-Recommendation.
Based upon a de novo review, the Report-Recommendation is accepted. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED;
2. Plaintiff's motion for appointment of counsel is DENIED; and
3. Plaintiff's complaint is DISMISSED in its entirety.
The Clerk is directed to serve a copy of this Decision and Order in accordance with the Local Rules and enter a judgment dismissing the complaint.
IT IS SO ORDERED.
____________________
United States District Judge
Dated: February 11, 2013
Utica, New York.