UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
December 29, 2011
VICTOR WOODARD, PLAINTIFF,
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.
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