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Whitted v. Goord

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 3, 2006

STANLEY WHITTED, PLAINTIFF,
v.
GLENN S. GOORD, COMMISSIONER OF CORRECTIONS; DANIEL SENKOWSKI, SUPERINTENDENT OF CLINTON CORRECTIONAL FACILITY; ISHMAEL CRUZ, NEW YORK STATE PAROLE OFFICER; AND JOY TREMBLY, NEW YORK STATE PAROLE REVOCATION HEARING OFFICER, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Plaintiff, Stanley Whitted, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated August 25, 2005, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the defendants' motion for summary judgment be granted; plaintiff's claims against defendants Goord, Senkowski and Cruz be dismissed with prejudice; and that plaintiff's claim against defendant Trembly be dismissed without prejudice. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Lowe, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that

1. The defendants' motion for summary judgment is GRANTED;

2. The plaintiff's claims against defendants Glenn S. Goord, Daniel Senkowski, and Ishmael Cruz are DISMISSED with prejudice; and

3. Plaintiff's claim against defendant Joy Trembly is DISMISSED without prejudice. The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.

20060103

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