Opinion
9:21-cv-1174 (GLS/ML)
05-15-2023
DESHAUN SOMERS, Plaintiff, v. CORRECTIONAL OFFICER POWERS et al., Defendants.
FOR THE PLAINTIFF: Deshaun Somers Pro Se FOR THE DEFENDANTS: HON. LETITIA JAMES New York State Attorney General RACHAEL OUIMET Assistant Attorney General
FOR THE PLAINTIFF: Deshaun Somers Pro Se
FOR THE DEFENDANTS: HON. LETITIA JAMES New York State Attorney General RACHAEL OUIMET Assistant Attorney General
ORDER
Gary L. Sharpe Senior District Judge
The above-captioned matter comes to this court following a Report and Recommendation (R&R) by Magistrate Judge Miroslav Lovric, duly filed April 20, 2023. (Dkt. No. 41.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the R&R for clear error, it is hereby
ORDERED that the Report and Recommendation (Dkt. No. 41) is ADOPTED in its entirety; and it is further
ORDERED that defendants' motion to dismiss (Dkt. No. 40) is GRANTED; and it is further
ORDERED that plaintiff's complaint (Dkt. No. 1) is DISMISSED; and it is further
ORDERED that defendants' motion, to the extent it seeks an award of fees, costs and disbursements (Dkt. No. 40) is DENIED at this juncture; and it is further
ORDERED that the Clerk is directed to close this case; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the Local Rules of Practice.
IT IS SO ORDERED.