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Dennis J. Mills v. Brian Fischer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 11, 2013

DENNIS J. MILLS, PLAINTIFF,
v.
BRIAN FISCHER, COMMISSIONER, DOCS; K. NORCROSS, A.S.A.T., COUNSELOR; D. DRAKE, A.S.A.T., COUNSELOR; MR. STACEY, A.S.A.T., COUNSELOR; MS. LANGLIAS, A.S.A.T., COUNSELOR; AND CHRIS LIBERTY, SENIOR COUNSELOR/ PROGRAMS/TAC COMMITTEE, 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 January 2, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation that defendants' motion for summary judgment be granted and plaintiff's motion for appointment of counsel be denied. 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).

Therefore, it is ORDERED that

1. Defendants' motion for summary judgment is GRANTED;

2. Plaintiff's motion for appointment of counsel is DENIED; and

3. Plaintiff's complaint is DISMISSED in its entirety.

The Clerk is directed to serve a copy of this Decision and Order in accordance with the Local Rules and enter a judgment dismissing the complaint.

IT IS SO ORDERED.

20130211

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