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Parker v. Peek-Co

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 27, 2009

MICHAEL PARKER PLAINTIFF,
v.
PEEK-CO, CORRECTIONS OFFICER, COXSACKIE CORRECTIONAL FACILITY DEFENDANT.

The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed December 29, 2008. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed December 29, 2008 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED, that defendant's motion for summary judgment (Dkt. No. 35) is GRANTED, and that the plaintiff's complaint is DISMISSED in all respects, and it is further

ORDERED, that the Clerk enter judgment in favor of the defendant against the plaintiff.

IT IS SO ORDERED

20090127

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