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Bowens v. Smith

United States District Court, N.D. New York

January 16, 2015

JERRY BOWENS, Plaintiff,
v.
JOSEPH T. SMITH, Superintendent; Shawangunk Correctional Facility Defendant.

JERRY BOWENS, Plaintiff Pro Se, Clinton Correctional Facility, Dannemora, New York, for the Plaintiff.

RICHARD LOMBARDO, ESQ., Assistant Attorney General, HON. ERIC T. SCHNEIDERMAN, Attorney General of the State of New York, Albany, New York, for the Defendant.

ORDER

GARY L. SHARPE, Chief Judge.

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed December 15, 2014. Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed December 15, 2014 (Dkt. No. 52) is ACCEPTED in its entirety for the reasons stated therein; and it is further

ORDERED that defendant's motion for summary judgment (Dkt. No. 48) is GRANTED and the complaint is DISMISSED IN ITS ENTIRETY; and it is further

ORDERED that the Clerk close this case and provide a copy of this Order to the parties in accordance to the local rules.

IT IS SO ORDERED.


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