Opinion
9:16-CV-1155 (DNH/DJS)
09-21-2017
PAUL STEPHANSKI, Plaintiff, v. DALE ARTUS, Superintendent, Clinton Correctional Facility; CAPT. STEVEN RACETTE, Dept of Security, Clinton Correctional Facility; STEPHEN LACY, Captain, Clinton Correctional Facility; and RAYMOND FURNIA, Sargent, Clinton Correctional Facility, Defendants.
APPEARANCES: PAUL STEPHANSKI Plaintiff pro se 99-B-2439 Mid-State Correctional Facility P.O. Box 2500 Marcy, NY 13403 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 OF COUNSEL: COLLEEN D. GALLIGAN, ESQ. Ass't Attorney General
APPEARANCES: PAUL STEPHANSKI
Plaintiff pro se
99-B-2439
Mid-State Correctional Facility
P.O. Box 2500
Marcy, NY 13403 HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224 OF COUNSEL: COLLEEN D. GALLIGAN, ESQ.
Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Paul Stephanski brought this civil rights action pursuant to 42 U.S.C. § 1983. On August 11, 2017, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss be granted, plaintiff's motion to amend be denied, and that the complaint be dismissed in its entirety. No objections to the Report-Recommendation were filed.
Based upon a de novo review of the Report-Recommendation, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion to dismiss is GRANTED;
2. Plaintiff's motion to amend is DENIED;
3. Plaintiff's complaint is DISMISSED in its entirety; and
4. The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: September 21, 2017
Utica, New York.