Opinion
9:12-CV-1717 (DNH/ATB)
03-07-2016
APPEARANCES: CHARLES W. GERENA Plaintiff, Pro se 03-B-1945 Great Meadow Correctional Facility Box 51 Comstock, NY 12821 New York State Attorney General The Capitol Albany, NY 12224 OF COUNSEL: COLLEEN D. GALLIGAN, ESQ.
APPEARANCES: CHARLES W. GERENA
Plaintiff, Pro se
03-B-1945
Great Meadow Correctional Facility
Box 51
Comstock, NY 12821 New York State Attorney General
The Capitol
Albany, NY 12224 OF COUNSEL: COLLEEN D. GALLIGAN, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Desmond Quick brought this civil rights action pursuant to 42 U.S.C. § 1983. On January 8, 2016, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion for summary judgment be granted, and the complaint be dismissed in its entirety. See ECF No. 135. No objections 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. Defendant's second motion for summary judgment is GRANTED (ECF No. 116), and the complaint is DISMISSED IN ITS ENTIRETY; and
2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
The Clerk of the Court shall enter judgment and close this case.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: March 7, 2016
Utica, New York