Citation Codes Equivalent Citations citation codes Docket Number 9:06-CV-119. Motions Motion for summary judgment : Granted Attorney(S) KIRK OCHOA, Plaintiff, Pro se, c/o Jennifer Godfrey, Bronx, NY. HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants Department of Law, Syracuse, NY. SENTA B. SIUDA, ESQ., Asst. Attorney General. Judges David N. Hurd Acts The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights Judiciary And Judicial Procedure — Fees And Costs — Procedure — Proceedings In Forma Pauperis 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. KIRK OCHOA, Plaintiff, v. CAROL DeSIMONE Inmate Records Coordinator; D.S.A. BADGER; and LT. SANTOS, Defendants. DECISION and ORDER DAVID HURD, District Judge Plaintiff, Kirk Ochoa, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 10, 2008, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that the defendants' motion for summary judgment (Dkt. No. 32) be granted; that plaintiff's retaliation claim be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); and that the plaintiff's complaint be dismissed. Objections to the Report-Recommendation have not been filed. Based upon a careful review of the entire file and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Defendants' motion for summary judgment (Docket No. 32) is GRANTED; 2. Plaintiff's retaliation claim is DISMISSED; and 3. Plaintiff's complaint is DISMISSED. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED.