Lurch v. Jones

Full title: ROBERT DEREK LURCH, JR., Plaintiff, v. AARON JONES et al., Defendants.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Feb 4, 2021

9:19-CV-895 (N.D.N.Y. Feb. 4, 2021)

Opinion

9:19-CV-895

02-04-2021

ROBERT DEREK LURCH, JR., Plaintiff, v. AARON JONES et al., Defendants.

APPEARANCES: Robert Derek Lurch, Jr. Plaintiff, Pro Se 4412001916 George R. Vierno Center 09-09 Hazen Street East Elmhurst, NY 11370 HON. LETITIA JAMES New York State Attorney General Attorneys for Defendants The Capitol Albany, NY 12224 MARK G. MITCHELL, ESQ. Ass't Attorney General

DAVID N. HURD United States District Judge

APPEARANCES:	OF COUNSEL:
Robert Derek Lurch, Jr.Plaintiff, Pro Se4412001916George R. Vierno Center09-09 Hazen StreetEast Elmhurst, NY 11370
HON. LETITIA JAMESNew York State Attorney GeneralAttorneys for DefendantsThe CapitolAlbany, NY 12224	MARK G. MITCHELL, ESQ.Ass't Attorney General

DAVID N. HURD United States District Judge DECISION and ORDER

Pro se plaintiff Robert Derek Lurch, Jr. ("plaintiff") filed this action alleging that defendants violated his civil rights while he was in the custody of the New York State Department of Corrections and Community Supervision. On December 8, 2020, U.S. Magistrate Judge Daniel J. Stewart advised by Report & Recommendation that defendants' motion for summary judgment be granted and that plaintiff's amended complaint be dismissed. Dkt. No. 59. Plaintiff has not filed an objection.

Upon review for clear error, the Report & Recommendation is accepted and adopted in all respects. See FED. R. CIV. P. 72(b).

Therefore, it is

ORDERED that

1. Defendants' motion for summary judgment is GRANTED; and

2. Plaintiff's amended complaint is DISMISSED.

The Clerk of the Court is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.

IT IS SO ORDERED. Dated: February 4, 2021

Utica, New York.

/s/_________

United States District Judge