Pine et al v. Seeley et al, No. 9:2009cv01198 - Document 121 (N.D.N.Y 2012)
Court Description: DECISION AND ORDER: Based upon a de novo review, the Report-Recommendation (Dkt. No. 119 ) is accepted in whole. See 28 U.S.C. 636(b)(1). ORDERED, that the complaint is DISMISSED as to defendant Aaron Beojekian. ORDERED, that Defendant Dr. Hubicki& #039;s motion for summary judgment (Dkt. No. 111 ) is GRANTED and the complaint is DISMISSED in its entirety. ORDERED, that Plaintiff's motion to compel (Dkt. No. 105 ) is DENIED as moot. Signed by Judge David N. Hurd on 6/11/12. (served on plaintiff by regular mail) (alh, )
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9cv1198UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------HAROLD BURROUGHS, JR., Plaintiff, -v- 9:09-CV-1198 AARON BEOJEKIAN, Former C.O. at Greene County Jail; and DR. HUBICKI, Doctor at Greene County Jail, Defendants. -------------------------------APPEARANCES: OF COUNSEL: HAROLD BURROUGHS, JR. Pro Se 08-A-4423 Clinton Correctional Facility P.O. Box 2002 Dannemora, NY 12929 GOLDBERG SEGALLA LLP Attorneys for Defendant Hubicki 8 Southwoods Boulevard Suite 300 Albany, NY 12211 JONATHAN M. BERNSTEIN, ESQ. WILLIAM J. GREAGAN, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. ยง 1983. On May 3, 2012, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised, by ReportRecommendation, that the complaint be dismissed as to defendant Beojekian; defendant Hubicki's motion for summary judgment be granted; and plaintiff's motion to compel discovery be denied as moot. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo review, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Therefore, it is ORDERED that 1. The complaint is DISMISSED as to defendant Aaron Beojekian; 2. Defendant Dr. Hubicki's motion for summary judgment is GRANTED and the complaint is DISMISSED in its entirety; and 3. Plaintiff's motion to compel is DENIED as moot. IT IS SO ORDERED. Dated: June 11, 2012 Utica, New York. -2-
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