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RICHARD KEARNEY, Plaintiff, v. N.Y.S. D.O.C.S.; and DR. KARANDY, Facility Health Ser

Glenn T. Suddaby

APPEARANCES: RICHARD KEARNEY, 03-A-4948


Plaintiff, Pro Se
Green Haven Correctional Facility
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York




Counsel for Defendants
OF COUNSEL: C. HARRIS DAGUE, ESQ.
Assistant Attorney General
GLENN T. SUDDABY, United States District Judge



DECISION and ORDER

Currently before the Court, in this pro se prisoner civil rights action filed by Richard Kearney ("Plaintiff") against the above-captioned entity and individual ("Defendants"), are (1) Defendants' motion for summary judgment, (2) United States Magistrate Judge Therese Wiley Dancks' Report-Recommendation recommending that Defendants' motion be granted, and (3) Plaintiff's Objection to the Report-Recommendation. (Dkt. Nos. 27, 37, 38.) After carefully reviewing the relevant filings in this action, the Court can find no error in the Report-Recommendation, clear or otherwise: Magistrate Judge Dancks employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 37.)

ACCORDINGLY, it is

ORDERED that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 37) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that Defendants' motion for summary judgment (Dkt. No. 27) is GRANTED in its entirety; and it is further

ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED. The Clerk is directed to enter judgment in favor of the defendants and close this case. Dated: September 27, 2013


Syracuse, New York


______________________


Hon. Glenn T. Suddaby


U.S. District Judge


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Kearney v. N.Y.S.
(Sep 27, 2013)