Opinion
9:17-CV-874 (DNH/DEP)
09-11-2018
KENNETH TYSON, Plaintiff, v. VASILE JL, LT; and T. COMPO, C.O., Defendants.
APPEARANCES: KENNETH TYSON Plaintiff, pro se 15-A-2954 Elmira Correctional Facility P.O. Box 500 Elmira, NY 14902 BARBARA D. UNDERWOOD Attorney General of the State of New York Attorney for Defendants 615 Erie Boulevard West Suite 102 Syracuse, NY 13204 OF COUNSEL: TIMOTHY P. MULVEY, ESQ. Assistant Attorney General
APPEARANCES: KENNETH TYSON
Plaintiff, pro se
15-A-2954
Elmira Correctional Facility
P.O. Box 500
Elmira, NY 14902 BARBARA D. UNDERWOOD
Attorney General of the State of New York
Attorney for Defendants
615 Erie Boulevard West
Suite 102
Syracuse, NY 13204 OF COUNSEL: TIMOTHY P. MULVEY, ESQ.
Assistant Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Kenneth Tyson brought this civil rights action pursuant to 42 U.S.C. § 1983. On August 6, 2018, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted and the complaint be dismissed. No objections to the Report-Recommendation were filed.
Based upon a careful 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 for summary judgment is GRANTED; and
2. Plaintiff's complaint is DISMISSED in its entirety.
The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: September 11, 2018
Utica, New York.