Colon v. Plescia

Sep 4, 2009
9:07-cv-00727
Reporters:
,
Before:
David N. Hurd

APPEARANCES:

PETER COLON
Plaintiff, Pro Se
Eastern NY Correctional Facility
Box 338
Napanoch, NY 12458

HON. ANDREW M. CUOMO
Attorney General of the
State of New York
Attorney for Defendants
Department of Law
The Capitol
Albany, New York 12224

OF COUNSEL:

DEAN J. HIGGINS, ESQ.
Asst. Attorney General

DAVID N. HURD
United States District Judge

DECISION and ORDER

Plaintiff, Peter Colon, brought this civil rights action in July 2007, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated July 27, 2009, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants’ motion for summary judgment (Docket No. 37) be granted, and that all of plaintiff’s claims against the various named defendants be dismissed. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Peebles, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

  1. The defendants’ motion for summary judgment is GRANTED;
  2. All of plaintiff’s claims against the defendants are DISMISSED;
  3. Plaintiffs’ complaint is DISMISSED; and
  4. The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.

Dated: September 4, 2009
Utica, New York.

United States District Judge