Pratt v. Hogan

Full title: ANDREW PRATT, Plaintiff, v. MICHAEL F. HOGAN, Commissioner, NYS Office of…

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

Date published: Apr 28, 2010

9:08-CV-1180 (N.D.N.Y. Apr. 28, 2010)

Opinion

9:08-CV-1180.

April 28, 2010

ANDREW PRATT, 18859-604, cnypc, Marcy, NY.

MICHAEL G. McCARTIN, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, New York.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff, Andrew Pratt, commenced this civil rights action in November 2008, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated March 22, 2010, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion to dismiss (Dkt. No. 11) be granted and that plaintiff's complaint be dismissed in all respects. No objections to the Report-Recommendation have been filed.

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

Accordingly, it is

ORDERED that

1. Defendants' motion to dismiss is GRANTED;

2. The plaintiff's complaint is DISMISSED in all respects; and

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

IT IS SO ORDERED.