Opinion
9:11-CV-1088
04-19-2012
BOOKER WILSON, Plaintiff, v. DONALD DEPOLO, Woodbourne Correctional Facility, Defendant.
APPEARANCES: Booker Wilson, Pro Se 03-A-4856 Livingston Correctional Facility OF COUNSEL: HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 JAMES SEAMAN, ESQ. Ass't Attorney General
APPEARANCES:
Booker Wilson, Pro Se
03-A-4856
Livingston Correctional Facility
OF COUNSEL:
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
The Capitol
Albany, NY 12224
JAMES SEAMAN, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On March 21, 2012, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised, by Report-Recommendation, that defendant's motion to dismiss be granted and plaintiff's complaint be dismissed in its entirety. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1).
Therefore it is
ORDERED that
1. Defendant's motion to dismiss is GRANTED; and
2. Plaintiff's complaint is DISMISSED with prejudice.
The Clerk is directed to file a judgment dismissing the complaint and close the file.
IT IS SO ORDERED. Dated: April 19, 2012
Utica, New York.
__________________
United States District Judge