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Victor Woodard v. Captain R. Shanley and Albert Prack

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 29, 2011

VICTOR WOODARD, PLAINTIFF,
v.
CAPTAIN R. SHANLEY AND ALBERT PRACK, DEFENDANTS.

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

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