Solomon v. Fischer

Full title: JOHN SOLOMON Plaintiff, v. BRIAN FISCHER, Commissioner, Department of…

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

Date published: Aug 11, 2010

9:09-CV-0367 (NAM/DRH) (N.D.N.Y. Aug. 11, 2010)

Opinion

9:09-CV-0367 (NAM/DRH).

August 11, 2010

Bryan L. Ruple, 08-B-4050, Wyoming Correctional Facility, Attica, NY, Plaintiff, Pro Se.

Hon. Andrew M. Cuomo, Attorney General for the State of New York, The Capitol, Albany, New York, Attorney for Defendants.

Justin C. Levin, Esq., Assistant Attorney General.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed on the 21^st day of July 2010. Following fourteen days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. The defendants' motion to dismiss (Dkt. No. 19) is granted and the complaint is dismissed in its entirety. The Clerk shall enter judgment accordingly.

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.