United States District Court, N.D. New York
August 27, 2014
GERALD L. HURST, Plaintiff,
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.
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
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.