Opinion
9:10-CV-1212 (NAM/DRH)
02-08-2012
RAHEEM SHABAZZ, Plaintiff, v. G.R. BEZIO, Correction LT., Clinton Annex Correctional Facility; E. RICE, Correction Sgt.; Clinton Annex Correctional Facility; and P. CHASE, Correction Lt., Clinton Annex Correctional Facility, Defendants.
Raheem Shabazz Wyoming Correctional Facility Plaintiff pro se Hon. Eric T. Schneiderman, Attorney General for the State of New York Charles J. Quackenbush, Esq., Assistant Attorney General Attorney for Defendants
APPEARANCES:
Raheem Shabazz
Wyoming Correctional Facility
Plaintiff pro se
Hon. Eric T. Schneiderman, Attorney General for the State of New York
Charles J. Quackenbush, Esq., Assistant Attorney General
Attorney for Defendants
Hon. Norman A. Mordue , U.S. District Judge:
MEMORANDUM-DECISION AND ORDER
Defendants move (Dkt. No. 17) to dismiss the complaint under Fed. R. Civ. P. 12(b)(6). Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States Magistrate Judge David R. Homer issued a Report and Recommendation (Dkt. No. 21) recommending that defendants' motion be granted and the case dismissed.
Plaintiff objects (Dkt. No. 22). Upon de novo review pursuant to 28 U.S.C. § 636(b)(1)(C), this Court accepts Magistrate Judge Homer's Report and Recommendation and dismisses the complaint.
It is therefore
ORDERED that the Report and Recommendation of United States Magistrate Judge David R. Homer (Dkt. No. 21) is accepted; and it is further
ORDERED that the motion (Dkt. No. 17) to dismiss is granted and the case dismissed; and it is further
ORDERED that the Clerk of the Court is directed to serve copies of this Memorandum-Decision and Order in accordance with the Local Rules of the Northern District of New York.
IT IS SO ORDERED.
February 8, 2012
Syracuse, New York