Opinion
9:06-CV-178.
October 21, 2008
RAY WILLIAMS, Plaintiff, Pro Se, Mohawk Correctional Facility, Rome, NY.
MEGAN M. BROWN, ESQ., JUSTIN C. LEVIN, ESQ., Asst. Attorneys General, HON. ANDREW M. CUOMO, Attorney General for the State of New York, Attorneys for the Defendants The Capitol, Albany, NY.
DECISION and ORDER
Plaintiff, Ray Williams, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 11, 2008, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that the plaintiff's motion for summary judgment (Dkt. No. 37) be denied; that defendants' cross motion for summary judgment (Docket No. 43) be granted; and that the plaintiff's complaint be dismissed. Objections to the Report-Recommendation have not been filed.
Based upon a careful review of the entire file and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Plaintiff's motion for summary judgment (Docket No. 37) is DENIED;
2. Defendants' cross motion for summary judgment (Docket No. 43) is GRANTED;
3. Plaintiff's complaint is DISMISSED.
The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.