Victor Woodard v. Captain R. Shanley and Albert Prack

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

DECISION and ORDER

Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On December 7, 2011, the Honorable David R. Homer, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for judgment on the pleadings be granted and plaintiff's motion for summary judgment be denied. Plaintiff timely filed objections to the Report-Recommendation.

Based upon a de novo review, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1).

Therefore it is ORDERED that

1. Defendants' motion for judgment on the pleadings is GRANTED; and

2. Plaintiff's motion for summary judgment is DENIED.

The Clerk is directed to file a judgment dismissing the complaint and close the file. IT IS SO ORDERED.

Utica, New York.

20111229