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Holmes v. Haugen

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 18, 2008

DAVID HOLMES, PLAINTIFF,
v.
HAUGEN AND TRUE, CORRECTIONAL OFFICERS, EASTERN CORRECTIONAL FACILITY, DEFENDANTS.

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

ORDER

Plaintiff, David Holmes, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated January 24, 2009, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that plaintiff's motion for summary judgment be denied, and that defendants' cross-motion for summary judgment be granted. Objections to the Report Recommendation have been filed by the plaintiff.

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

1. Plaintiff's motion for summary judgment is DENIED;

2. Defendants' cross-motion for summary judgment is GRANTED;

3. The complaint is DISMISSED in all respects; and

4. The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.

20080318

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