McCray v. Selsky et al, No. 9:2007cv00410 - Document 26 (N.D.N.Y 2009)
Court Description: DECISION & ORDER granting defts' 24 Motion for Summary Judgment & dismissing pltf's 12 amended complaint w/ prejudice; Signed by Sr. Judge Joseph M. Hood dtd 2/26/2009 (cml) [ CRD traditionally served upon non-NEF pltf @ last known address of 2034 Gleason Ave., Apt 1, Bronx, NY ]
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK MICHAEL MCCRAY Plaintiff -against- 9:07-CV-0410 (JMH) DONALD SELSKY, ROBERT K WOODS, and DONALD QUINN, Defendants. DECISION & ORDER Hood, D.J.: Preliminary Statement Pursuant to 42 U.S.C. 1983, Plaintiff brings this suit via his amended complaint, Constitutional claiming rights. The that matter Defendants is before violated the Court his on Defendants motion for summary judgment asserting that Plaintiff has failed to establish the violation (Docket No. 24). existence of any Constitutional Plaintiff has not responded to the motion despite being afforded an ample opportunity to do so. Moreover, Plaintiff was warned that a failure to file a response may result in the dismissal of this action. Having reviewed the record, it is concluded that defendants are therefore entitled to judgment as a matter of law. Plaintiff alleges that he was denied due process of law during a prison disciplinary proceeding. He further contends that the sentence imposed violates the Eighth Amendment. A review of the record refutes each of these claims. Accordingly, IT IS ORDERED herein as follows: (1) Defendants motion for summary judgment (Docket No. 24) is GRANTED. (2) The complaint is DISMISSED with prejudice. (3) The Clerk shall enter a separate judgment in favor of defendants contemporaneously with the filing of this Decision & Order. This the 26th day of February, 2009. Sitting by Designation 2
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