DAVID N. HURD United States District Judge
| APPEARANCES: |
OF COUNSEL: |
| Robert Derek Lurch, Jr.Plaintiff, Pro Se4412001916George R. Vierno Center09-09 Hazen StreetEast Elmhurst, NY 11370 |
|
| HON. LETITIA JAMESNew York State Attorney GeneralAttorneys for DefendantsThe CapitolAlbany, NY 12224 |
MARK G. MITCHELL, ESQ.Ass't Attorney General |
DAVID N. HURD United States District Judge
DECISION and ORDER
Pro se plaintiff Robert Derek Lurch, Jr. ("plaintiff") filed this action alleging that defendants violated his civil rights while he was in the custody of the New York State Department of Corrections and Community Supervision. On December 8, 2020, U.S. Magistrate Judge Daniel J. Stewart advised by Report & Recommendation that defendants' motion for summary judgment be granted and that plaintiff's amended complaint be dismissed. Dkt. No. 59. Plaintiff has not filed an objection.
Upon review for clear error, the Report & Recommendation is accepted and adopted in all respects. See FED. R. CIV. P. 72(b).
Therefore, it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED; and
2. Plaintiff's amended complaint is DISMISSED.
The Clerk of the Court is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED. Dated: February 4, 2021
Utica, New York.
/s/_________
United States District Judge