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Levesque v. CVPH Medical Center

United States District Court, N.D. New York

April 10, 2015

ANDRE R. LEVESQUE, Plaintiff,
v.
CVPH MEDICAL CENTER, Defendant.

ANDRE R. LEVESQUE Plaintiff, pro se MCFP Springfield Federal Medical Center Inmate Mail/Parcels Springfield, MO.

JACQUELINE M. KELLEHER, ESQ., JUSTIN R. MEYER, ESQ., STAFFORD, OWENS, PILLER, MURNANE, KELLEHER & TROMBLEY, PLLC, Plattsburgh, NY, Attorneys for Defendant.

DECISION and ORDER

DAVID N. HURD, District Judge.

Pro se plaintiff Andre R. Levesque brought this civil rights action pursuant to Title III of the Americans with Disabilities Act. On March 23, 2015, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 be granted and the complaint be dismissed in its entirety as moot. Plaintiff timely filed objections to the Report-Recommendation and defendant responded to plaintiff's objections.

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. ยง 636(b)(1).

Therefore, it is

ORDERED that

1. Defendant CVPH Medical Center's 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 the parties in accordance with the Local Rules, enter judgment accordingly, and close the file.

IT IS SO ORDERED.


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