Rosado v. Fessetto

Full title: JONATHAN ROSADO, Plaintiff, v. P. FESSETTO, Correctional Sergeant, Clinton…

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

Date published: Sep 21, 2010

9:09-CV-67 (N.D.N.Y. Sep. 21, 2010)

Opinion

9:09-CV-67.

September 21, 2010

JONATHAN ROSADO, 05-B-1983, Southport Correctional Facility, Pine City, NY.

DEAN J. HIGGINS, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendant, Department of Law The Capitol, Albany, New York.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff, Jonathan Rosado, commenced this civil rights action in January 2009, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated August 4, 2010, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that defendant's motion for summary judgment (Docket No. 26) be granted, and the complaint 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 Baxter, 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 No. 26) is GRANTED;

2. The 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 20, 2010

Utica, New York.