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Brown v. Brown

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 24, 2010

OSMOND K. BROWN, PLAINTIFF,
v.
V. BROWN, DEFENDANT.

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

DECISION and ORDER

Plaintiff, Osmond K. Brown, brought this civil rights action in February 2008, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated January 19, 2010, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendant's motion for summary judgment (Docket No. 27) be granted and the complaint be dismissed without prejudice to refiling.

The defendant has filed a letter agreeing with the Report-Recommendation, that this action should be dismissed; however, requests that the issue regarding the plaintiff's alleged "protected speech" be reconsidered. Plaintiff has filed objections to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which the parties have 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. Defendant's motion for summary judgment (Docket No. 27) is GRANTED;

2. The complaint is DISMISSED without prejudice to refiling; and

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

IT IS SO ORDERED.

20100324

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