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Gary Gillard v. Michael Rovelli

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 20, 2012

GARY GILLARD, PLAINTIFF,
v.
MICHAEL ROVELLI, ET AL., DEFENDANTS.

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

MEMORANDUM-DECISION AND ORDER

In this prisoner civil rights action pursuant to 42 U.S.C. § 1983, plaintiff moves for summary judgment against defendant Eric Perez and other relief (Dkt. Nos. 95, 105, 107, and 120). United States Magistrate Judge George H. Lowe*fn1 has issued a Report and Recommendation and Order (Dkt. No. 122) recommending that plaintiff's motion for summary judgment (Dkt. No. 95) against Perez be denied. Magistrate Judge Lowe further denied plaintiff's requests (Dkt. Nos. 105, 107, and 120). Plaintiff has filed an "Appeal and Objection to Report - Recommendation and Order" (Dkt. No. 125).

Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court reviews de novo those parts of a report and recommendation to which a party specifically objects. Upon such review, the Court finds that material questions of fact bar summary judgment against Perez. Plaintiff's motion for summary judgment (Dkt. No. 95) is denied. To the extent that plaintiff's submission may be read as appealing from Magistrate Judge Lowe's orders regarding Dkt. Nos. 105, 107, and 120, the orders are affirmed on the ground that they are proper and correct in all respects.

It is therefore

ORDERED that the Report and Recommendation and Order (Dkt. No. 122) is accepted; and it is further

ORDERED that plaintiff's motion (Dkt. No. 95) for summary judgment against defendant

Eric Perez is denied; and it is further

ORDERED that the orders regarding Dkt. Nos. 105, 107, and 120 are affirmed; and it is further

ORDERED that the Clerk of the Court is directed to 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.


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