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Batista v. Goord

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 9, 2006

HECTOR BATISTA, PLAINTIFF,
v.
GLENN S. GOORD, COMMISSIONER OF NYS DOCS; PORTUANDO, SUPERINTENDENT OF SHAWANGUNK CORRECTIONAL FACILITY; W. MANY, DEPUTY SUPERINTENDENT OF SECURITY AT SHAWANGUNK, CORRECTIONAL FACILITY; DONALD SELSKY, DIRECTOR OF SPECIAL HOUSING UNIT FOR NYS DOCS; S. DEUTSCH, FACILITY SEWARD AT SHAWANGUNK CORRECTIONAL FACILITY; S. RENDER, CORRECTIONS OFFICER AT SHAWANGUNK CORRECTIONAL FACILITY; DEBORAH P. BEACH, FORENSIC SCIENTIST III FOR NYS POLICE,
DEFENDANTS.

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

ORDER

Plaintiff, Hector Batista, brought this civil rights action pursuant to 42 U.S.C. 1983. In a Report Recommendation dated August 28, 2005, the Honorable George H. Lowe, United States Magistrate Judge, recommended, that defendants motion for summary judgment be granted. The plaintiff has filed timely objections to the recommendations of the Magistrate Judge.

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

Accordingly, it is

ORDERED that the defendants' motion for summary judgment is GRANTED. The Clerk is directed to file judgment accordingly.

IT IS SO ORDERED.

20060109

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