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Wheeler v. Phillips

United States District Court, N.D. New York

April 23, 2014

PETER WHEELER, Plaintiff,
v.
KAREN PHILLIPS, Dept. of Programs, Mid-State Correctional Facility; S. Fall, Sergeant, Mid-State Correctional Facility, Defendants.

PETER WHEELER, Brooklyn, New York, Plaintiff, pro se.

HON. ERIC T. SCHNEIDERMAN, Attorney General for the, MICHAEL G. McCARTIN, ESQ., Assistant Attorney General, State of New York, The Capitol, Albany, New York, Attorney for Defendants.

ORDER

NORMAN A. MORDUE, Senior District Judge.

The above matter comes to me following a Report-Recommendation by Magistrate Judge Christian F. Hummel, duly filed on the 31st day of March 2014. 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

ORDERED that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. The defendants' motion to dismiss as a sanction (Dkt. No. 52) is granted as to all defendants and that judgment be entered in favor of all defendants on all claims.

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. Plaintiff shall be served by certified mail, return receipt requested.

IT IS SO ORDERED.


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