Opinion
9:10-CV-1121
12-29-2011
VICTOR WOODARD, Plaintiff, v. CAPTAIN R. SHANLEY and ALBERT PRACK, Defendants.
PRISONERS LEGAL SERVICES OF NEW YORK Attorneys for Plaintiff OF COUNSEL: JAMES M. BOGIN, ESQ. HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant The Capitol C. HARRIS DAGUE, ESQ. KEVIN P. HICKEY, ESQ. Ass't Attorneys General
APPEARANCES: PRISONERS LEGAL SERVICES OF
NEW YORK
Attorneys for Plaintiff
OF COUNSEL:
JAMES M. BOGIN, ESQ. HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
The Capitol
C. HARRIS DAGUE, ESQ.
KEVIN P. HICKEY, ESQ.
Ass't Attorneys General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On December 7, 2011, the Honorable David R. Homer, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for judgment on the pleadings be granted and plaintiff's motion for summary judgment be denied. Plaintiff timely filed objections to the Report-Recommendation.
Based upon a de novo review, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1).
Therefore it is
ORDERED that
1. Defendants' motion for judgment on the pleadings is GRANTED; and
2. Plaintiff's motion for summary judgment is DENIED.
The Clerk is directed to file a judgment dismissing the complaint and close the file.
IT IS SO ORDERED. Dated: December 29, 2011
Utica, New York.
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United States District Judge