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Brown v. Hogan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 6, 2009

LARRY BROWN, PLAINTIFF,
v.
DR. MICHAEL F. HOGAN; DR. DONALD SAWYER; AND DR. TERRI MAXYMILLIAN, DEFENDANTS.

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

DECISION and ORDER

Plaintiff, Larry Brown, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation September 8, 2009, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that defendants' motion for summary judgment (Docket No. 45) be granted, the complaint be dismissed in its entirety; and that plaintiff's cross motion for summary judgment (Docket No. 46) be denied The plaintiff has timely filed objections to the report-recommendation.

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

Accordingly, it is ORDERED that

1. Defendants' motion for summary judgment is GRANTED;

2. Plaintiff's cross-motion for summary judgment is DENIED;

3. The complaint is DISMISSED in its entirety; and

4. The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.

20091106

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