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12-026 - McNab v. The State of New York et al


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12-026 - McNab v. The State of New York et al
December 7, 2015
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REPORT-RECOMMENDATION: RECOMMENDED, that the defendants' motion for summary judgment (Dkt. No. 51) be GRANTED and the complaint DISMISSED IN ITS ENTIRETY AS TO ALL REMAINING DEFENDANTS (MILLER and GUTIERREZ).Objections to R&R due by 12/24/2015 Case Review Deadline 12/28/2015. Signed by US Magistrate Judge Andrew T. Baxter on 12/7/15. {r&r served via regular mail on plaintiff}(nas, )
January 27, 2016
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DECISION AND ORDER: ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 58) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion for summary judgment (Dkt. No. 51) is GRANTED. ORDERED that Plaintiff's claims against Correctional Officers R. Mill and Gutierrez are DISMISSED with prejudice. ORDERED that Plaintiff's claim against C.O. John Doe #1 (a/k/a "MO") is DISMISSED without prejudice for failure to identify and serve under Fed. R. Civ. P. 4. ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED in its entirety. The Clerk of the Court shall enter Judgment for Defendants and close this action. Signed by Chief Judge Glenn T. Suddaby on 1/27/16. {order served via regular mail and via certified mail/return receipt on plaintiff}(nas, )