Opinion
9:14-CV-0574 (DNH/ATB)
09-24-2015
ANTHONY SANDERS, Plaintiff, v. HUGES, Sergeant, Defendant.
APPEARANCES: ANTHONY SANDERS Plaintiff, pro se, 13-A-1242 Wyoming Correctional Facility P.O. Box 501 Attica, New York 14011 HON. ERIC T. SCHNEIDERMAN Office of the Attorney General - Albany Counsel for Defendant The Capitol Albany, New York 12224 OF COUNSEL: Colleen D. Galligan, Esq.
APPEARANCES: ANTHONY SANDERS
Plaintiff, pro se, 13-A-1242
Wyoming Correctional Facility
P.O. Box 501
Attica, New York 14011
HON. ERIC T. SCHNEIDERMAN
Office of the Attorney General - Albany
Counsel for Defendant
The Capitol
Albany, New York 12224
OF COUNSEL: Colleen D. Galligan, Esq. DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Anthony Sanders filed this action on May 14, 2014. On August 19, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion for partial summary judgment pursuant to Federal Rule of Civil Procedure 56 be granted. 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. Defendant's motion for partial summary judgment (ECF No. 25) is GRANTED;
2. Plaintiff's first and second causes of action are DISMISSED;
3. Plaintiff's third cause of action remains for trial; and
4. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED.
/s/_________
United States District Judge
Dated: September 24, 2015
Utica, New York.