DAVID N. HURD
(DNH/DEP)
APPEARANCES: ROBERT LEE LEWIS
Plaintiff Pro Se
OFFICE OF FRANK W. MILLER
Attorney for Defendants
OF COUNSEL: FRANK W. MILLER, ESQ.
BRYAN N. GEORGIADY, ESQ.
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 22, 2013, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-Recommendation that defendants' motion for summary judgment be granted and the complaint be dismissed. Plaintiff timely filed objections to the Report-Recommendation. Defendants belatedly filed a response to plaintiff's objections.
Based upon a de novo review, the Report-Recommendation is accepted. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED; and
2. The complaint is DISMISSED.
The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED. Dated: April 12, 2013
Utica, New York.
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United States District Judge