Johnson v. Fischer

DAVID N. HURD United States District Judge

APPEARANCES: KEVIN J. JOHNSON, 98-B-0132
Plaintiff pro se
Wyoming Correctional Facility
P.O. Box 501
Attica, NY 14011
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224
OF COUNSEL: CATHY Y. SHEEHAN, ESQ.
Ass't Attorney General
DAVID N. HURD United States District Judge DECISION and ORDER

Pro se plaintiff Kevin J. Johnson brought this civil rights action pursuant to 42 U.S.C. § 1983. On August 5, 2014, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 be granted and plaintiff's complaint be dismissed. Plaintiff timely filed objections to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).

Therefore, it is

ORDERED that

1. Defendants' motion for summary judgment is GRANTED;

2. Plaintiff's complaint is DISMISSED in its entirety; and

3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules and close the file.

IT IS SO ORDERED.

/s/_________

United States District Judge
Dated: February 17, 2015

Utica, New York.