Soria v. Girdich

Full title: GIOVANNI SORIA, Plaintiff, v. ROY A. GIRDICH, Superintendent; DEPUTY…

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

Date published: Jan 23, 2008

9:04-CV-727 (N.D.N.Y. Jan. 23, 2008)

Opinion

9:04-CV-727.

January 23, 2008

GIOVANNI SORIA, Plaintiff, Pro Se, 0D-A-4508, UpState Correctional Facility, Malone, New York.

MARIA MORAN, ESQ., Asst. Attorney General., HON. ANDRE M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, NY.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff, Giovanni Soria, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated December 6, 2007, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that defendants' motion for summary judgment be granted and the amended complaint be dismissed in its entirety. The plaintiff has filed a request "to withdraw my petition, action and/or suit . . . I no longer wish to continue with the said proceedings . . . I am doing this freely and of my own volition." Signed Giovanni Soria (Docket No. 30).

Accordingly, it is

ORDERED that

1. The action is DISCONTINUED:

2. The amended complaint is DISMISSED with prejudice in all respects; and

2. The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.