DAVID N. HURD
APPEARANCES: BRENDON McPHERSON
Plaintiff pro se
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
OF COUNSEL: KRISTIN M. QUARESIMO, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Brendon McPherson brought this action pursuant to 42 U.S.C. § 1983. On January 21, 2014, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted in part, and that all claims against defendant Nurse Nina Clark be dismissed, but that defendants' motion otherwise be denied. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED in part and DENIED in part;
2. All claims against defendant Nurse Nina Clark are DISMISSED; and
3. Defendants' motion is otherwise DENIED.
The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED.
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United States District Judge
Dated: February 21, 2014
Utica, New York.