Citation Codes Equivalent Citations citation codes Docket Number 9:07-CV-1264. Attorney(S) VICTOR D. SMITH, Plaintiff, pro se, Sodus, New York. ROGER W. KINSEY, ESQ., SHOSHANAH V. BEWLAY, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, New York. Judges David N. Hurd Acts The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment See more information ... Smart Summary Please sign up to generate summary. VICTOR SMITH, Plaintiff, v. BRIAN FISCHER, Commissioner, NYS DOCS; S. CONNELL, Superintendent, J. BADGER, DSA, and K. ADAMIK, Captain, Each of Oneida Correctional Facility; I. LOMBARDO, Acting Superintendent, A. LABROIA, DSS, Each of Orleans Correctional Facility; and MR. NAUGHTON, Oneida Correctional Facility, DSS, Defendants. DECISION and ORDER DAVID HURD, District Judge Plaintiff, Victor Smith commenced this civil rights action in December 2007, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated November 24, 2009, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendants' motion for to dismiss for failure to state a claim (Docket No. 38) be granted without leave to amend. No objections to the Report-Recommendation have been filed. Based upon a careful review of the entire file and the recommendations of Magistrate Judge Lowe, 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 to dismiss for failure to state a claim is GRANTED; 2. Plaintiffs' complaint is DISMISSED; and 4. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED.