Martinez v. Minogue

Full title: SHAWN MARTINEZ, Plaintiff, v. R.J. MINOGUE, Captain; and DONALD SELSKY…

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

Date published: Sep 11, 2008

9:06-CV-546 (N.D.N.Y. Sep. 11, 2008)

Opinion

9:06-CV-546.

September 11, 2008

SHAWN MARTINEZ, Plaintiff, Pro Se, Orlando, FL.

HON. ANDREW M. CUOMO, Attorney General of the State of New York, DAVID FRUCHTER, ESQ., Assistant Attorney General, Attorney for Defendants Department of Law Albany, NY.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff, Shawn Martinez, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated July 31, 2008, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion for summary judgment (Docket No. 31) be granted, and the plaintiff's complaint be dismissed in all respects. The plaintiff has not filed any objections to the Report-Recommendation.

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. Defendants; motion for summary judgment is GRANTED;

2. The plaintiff's complaint is DISMISSED in all respects.

3. The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.