May 13, 2013
DANNY RIVERA Plaintiff,
C.O. P. DIANARDO, Defendant.
Danny Rivera, 10-A-2897, Auburn Correctional Facility, Auburn, New York, Plaintiff Pro se.
David L. Cochran, Esq., Hon. Eric T. Schneiderman, Attorney General for the Assistant Attorney General, State of New York, The Capitol, Albany, New York, Attorney for Defendant.
NORMAN A. MORDUE, District Judge.
The above matter comes to me following a Report-Recommendation by Magistrate Judge Christian F. Hummel duly filed on the 16th day of April 2013. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
1. The Report-Recommendation is hereby adopted in its entirety.
2. The defendants' motion for summary judgment (Dkt. No. 27) is granted, and this entire action is dismissed with prejudice.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED.