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Modelle v. Fauro

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 18, 2010

PHILIP E. MODELLE AND OSCAR S. GRICE, PLAINTIFFS,
v.
DAVID FAURO, SHERIFF; MIKE SMITH, MAJOR; AND KEVIN LAURIN, LT., EACH OF CLINTON COUNTY JAIL, DEFENDANTS.

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

DECISION and ORDER

Plaintiffs, Philip E. Modelle and Oscar S. Grice, brought this civil rights action in September 2008, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated January 27, 2010, George H. Lowe, United States Magistrate Judge, recommended that defendants' motion for summary judgment (Docket No. 61) be granted; and plaintiff Modelle's motion for summary judgment (Docket No. 38) be denied. Only plaintiff Modelle filed objections to the Report-Recommendation.

Based upon a de novo review of the entire file, including the portions of the Report-Recommendation to which plaintiff Modelle objected, and the recommendations of magistrate Judge Lowe, 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 (Docket No. 61) is GRANTED;

2. Plaintiff Modelle's motion for summary judgment (Docket No. 38) is DENIED;

3. The Clerk is directed to file judgment accordingly and close the file. IT IS SO ORDERED.

20100218

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