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David Wesley v. Nancy O'connor-Ryerson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 7, 2011

DAVID WESLEY, PLAINTIFF,
v.
NANCY O'CONNOR-RYERSON, DEFENDANT.

The opinion of the court was delivered by: Hon. Norman A. Mordue, Chief U.S. District Judge:

MEMORANDUM-DECISION AND ORDER

Plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS"), brought this action for compensatory and punitive damages under 42 U.S.C. § 1983. Plaintiff alleges that defendant, a nurse practitioner, was deliberately indifferent to his serious medical needs. Defendant moves (Dkt. No. 60) for summary judgment.

Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States Magistrate Judge David E. Peebles issued a Report and Recommendation (Dkt. No. 67) recommending that this Court grant summary judgment and dismiss the action in its entirety. Plaintiff objects (Dkt. No. 68). Given the nature of plaintiff's objections, the Court reviews the matter de novo. See 28 U.S.C. § 636(b)(1)(C).

Upon de novo review, the Court concludes that the Report and Recommendation is correct in all respects. Therefore, the Court accepts the Report and Recommendation, grants defendant's motion for summary judgment, and dismisses the action on the merits.

It is therefore ORDERED that the Report and Recommendation (Dkt. No. 67) of United States Magistrate Judge David E. Peebles is accepted; and it is further ORDERED that defendant's motion for summary judgment (Dkt. No. 60) is granted; and it is further ORDERED that the action is dismissed on the merits; and it is further ORDERED that the Clerk serve copies of this Memorandum-Decision and Order in accordance with the Local Rules of the Northern District of New York.

IT IS SO ORDERED.

20111207

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