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James Davon Richardson v. Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 2, 2011

JAMES DAVON RICHARDSON,
v.
PLAINTIFF, DEBORAH G. SCHULT*FN1 , PH.D. WARDEN, IN HER OFFICIAL/INDIVIDUAL CAPACITY; AND MR. POIRER, OFFICER, IN HIS OFFICIAL/ INDIVIDUAL CAPACITY, DEFENDANTS.

The opinion of the court was delivered by: Gary L. Sharpe, District Court Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed January 19, 2011. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed January 19, 2011 (Dkt. No. 30) is ACCEPTED in its entirety for the reasons state therein; and it is further ORDERED that defendants' motion for dismissal and/or for summary judgment (Dkt. No. 20) is GRANTED; and it is further ORDERED that plaintiff's claims against defendant Schult are DISMISSED for failure to state a claim upon which relief may be granted; and it is further ORDERED that summary judgment is entered DISMISSING plaintiff's claims against defendant Poirer as a matter of law, both with leave treplead; and it is further

ORDERED, that the Clerk of the court serve a copy of this order upon the parties to this action.

IT IS SO ORDERED.

Albany, New York


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