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Gregory Ferguson v. Cole

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 15, 2011

GREGORY FERGUSON, PLAINTIFF,
v.
COLE,*FN1 CORRECTIONAL OFFICER,
AUBURN CORRECTIONAL FACILITY, DEFENDANT.

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

AMENDED DECISION and ORDER

Plaintiff, Gregory Ferguson, commenced this civil rights action in May 2009, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated January 24, 2011, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that the defendant's motion for summary judgment (Docket No. 21) be granted and that the entire case be dismissed. The plaintiff has 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 has objected, and the recommendations of Magistrate Judge Treece, 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. 21) is GRANTED;

2. Plaintiff's complaint in the above matter is DISMISSED in all respects; and

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

Utica, New York.


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