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Gerrard J. Blake v. Edwin H. Elfeldt

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 15, 2012

GERRARD J. BLAKE, PLAINTIFF,
v.
EDWIN H. ELFELDT, COORDINATOR FOR SEX OFFENDER COUNSELING AND TREATMENT PROGRAM FOR NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES; L. WEINGARTNER, DEPUTY SUPERINTENDENT FOR PROGRAMS AT FIVE POINTS CORRECTIONAL FACILITY; KATHLEEN ALTMAN, CORRECTIONAL COUNSELOR AT FIVE POINTS CORRECTIONAL FACILITY; AND TOUSIGNANT, PAROLE OFFICER AT UPSTATE CORRECTIONAL FACILITY, 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 October 11, 2012, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for summary judgment be granted and plaintiff's claims be dismissed. Plaintiff timely filed objections to the Report-Recommendation.

Based upon a de novo review, the Report-Recommendation is accepted. See 28 U.S.C. § 636(b)(1). Even if the plaintiff's objections are correct, the defendants are still entitled to summary judgment dismissing the complaint.

Therefore it is ORDERED that

1. Defendants' motion for summary judgment is GRANTED; and

2. The complaint is DISMISSED.

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

20121115

© 1992-2012 VersusLaw Inc.



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