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Black v. Fischer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 23, 2010

RICHARD BLACK, PLAINTIFF,
v.
BRIAN FISCHER, COMMISSIONER; LUCIEN J. LECLAIRE, JR., DEPUTY COMMISSIONER; KENNETH S. PERLMAN, DEPUTY COMMISSIONER; OMEGA B. ALSTON, ASSISTANT DIRECTOR; S.R. GERSTEIN, RABBI; T. STANLEY, CHAPLAIN, SOUTHPORT CORRECTIONAL FACILITY; DAVID NAPOLI, SUPERINTENDENT, SOUTHPORT CORRECTIONAL FACILITY; A. BARTLETT, DEPUTY SUPERINTENDENT; J. COLVIN, DEPUTY, SUPERINTENDENT; NORMAN BEZIO, DIRECTOR OF SHU; H. HETRICK, CAPTAIN, SOUTHPORT CORRECTIONAL FACILITY; D. TADDER, CORRECTION OFFICER, SOUTHPORT CORRECTIONAL FACILITY; R. DONAHUE, LIEUTENANT, SOUTHPORT CORRECTIONAL FACILITY; WILLIAM M. GONZALEZ, DEPUTY COUNSEL; AND MARK LEONARD, DIRECTOR OF MINISTERIAL, DEFENDANTS.

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

DECISION and ORDER

Plaintiff, Richard Black, brought this civil rights action in February 2008, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated February 4, 2010, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion (Docket No. 54) be granted, and that all of plaintiff's claims in this action be dismissed. The plaintiff has filed objections to the Report-Recommendation.

Based upon a de novo review of the Report-Recommendation and the entire file, including those portions to which the plaintiff has objected, 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 (Docket No. 54) is GRANTED;

2. All of plaintiff's claims in this action are DISMISSED; and

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

IT IS SO ORDERED.

20100323

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