Phillips v. Girdich

Full title: CLIFTON A. PHILLIPS, JR., Plaintiff, v. ROY A. GIRDICH, Superintendent…

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

Date published: Oct 17, 2007

9:03-CV-1019 (N.D.N.Y. Oct. 17, 2007)

Opinion

9:03-CV-1019.

October 17, 2007

CLIFTON A. PHILLIPS, JR., Plaintiff, Pro Se, 99-A-1263, Upstate Correctional Facility, Malone, NY.

HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, Albany, New York, CHRISTOPHER W. HALL, ESQ., Asst. Attomey General.

ORDER

DAVID HURD, District Judge

Plaintiff, Clifton A. Phillips, Jr., brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated September 5, 2007, the Honorable David R. Homer, United States Magistrate Judge, recommended that the defendants' motion for summary judgment be granted as to all claims and all defendants. Objections to the Report Recommendation have been filed by the plaintiff, and defendants filed a letter response to plaintiff's objections.

Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. The defendants' motion for summary judgment is GRANTED;

2. The complaint is DISMISSED in all respects; and

3. The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.