Guarneri v. Wood et al, No. 9:2008cv00792 - Document 96 (N.D.N.Y 2011)
Court Description: DECISION AND ORDER adopting the 94 Report and Recommendations; granting Defendants' 91 Motion for Summary Judgment; dismissing all claims against all defendants. Signed by Senior Judge Thomas J. McAvoy on 9/30/2011. (amt) [Pltf served via reg. mail]
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ JOSEPH PAUL GUARNERI, Plaintiff, v. No. 08-CV-792 (TJM/DRH) R.K. WOOD, Superintendent, Upstate Correctional Facility; et al., Defendants. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER I. DISCUSSION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David R. Homer, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the ReportRecommendation and Order dated September 2, 2011 have been filed, and the time to do so (including an extension) has expired. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. II. CONCLUSION Accordingly, the Court ADOPTS the Report-Recommendation and Order for the reasons stated therein. Therefore, it is hereby 1 ORDERED that Defendants motion for summary judgment (Dkt. No. 91) is GRANTED and all claims against all defendants are DISMISSED. The dismissal as to defendants Sergeant John Doe, Nurse Administrator Jane Doe, Medical Director John Doe and Soucia, Demarse, and Lusseve is without prejudice; the dismissal as to all other defendants is with prejudice. The Clerk is directed to enter judgment for all defendants on all claims and close the file in this matter. IT IS SO ORDERED Dated:September 30, 2011 2
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