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Hurst v. Searles

United States District Court, N.D. New York

August 27, 2014

GERALD L. HURST, Plaintiff,
v.
MR. SEARLES, Lieutenant, F.C.I. Ray Brook; MR. DEGON, Lieutenant, F.C.I. Ray Brook; MR. HALLADAY, Correctional Officer, F.C.I. Ray Brook; MR. GODFREY, Correctional Officer, F.C.I. Ray Brook; and MR. HUMPHRIES, Correctional Officer, F.C.I. Ray Brook, Defendants.

GERALD L. HURST, Plaintiff, Pro Se, 64336-053, Cumberland Federal Correctional Institution Inmate Mail/Parcels, Cumberland, MD.

THE HON. RICHARD S. HARTUNIAN, United States Attorney of the Northern District of New York, CHARLES E. ROBERTS, ESQ., Ass't United States Attorney, Syracuse, NY, Attorney for Defendants.

DECISION & ORDER

DAVID N. HURD, District Judge.

Pro se plaintiff Gerald Hurst brought this action pursuant to 42 U.S.C. § 1983. On July 29, 2014, the Honorable Randolph F. Treece, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted and plaintiff's complaint be dismissed. Plaintiff timely filed objections to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).

Therefore, it is

ORDERED that

1. Defendants' motion for summary judgment is GRANTED;

2. Plaintiff's complaint is DISMISSED in its entirety; and

3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.

IT IS SO ORDERED.


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