Johnson v. Woods et al, No. 9:2007cv01018 - Document 76 (N.D.N.Y 2010)
Court Description: DECISION and ORDER: ORDERED that Defendants' motion for summary judgment (Docket No. 70 ) is GRANTED; ORDERED that Judgment is GRANTED to all defendants on all claims; ORDERED that the Clerk is directed to file judgment accordingly and close the file. Signed by Judge David N. Hurd on 5/21/10. {decision and order served on plaintiff by regular mail}(mnc)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------JONATHAN JOHNSON, Plaintiff, - vs 9:07-CV-1018 ROBERT WOODS, Superintendent; S. THOMPSON, Sergeant; D. UHLER, Captain; J. DURGAN, Lieutenant; JEROME SNYDER, Captain; QUINN, Captain; T. RAMSDELL, Prison Guard; CANDY ATKINSON, Nurse; PATRICK JOHNSTON, P.A.; B. CONNOLLY, Doctor; S. SANTAMORE, Prison Guard; N. SMITH, Administrative Nurse; KAREN BELLAMY, Director, Inmate Grievance Program; L. PEARY, Supervisor of Inmate Grievance program; J. SORRELL, Prison Guard; T. DEBYAH, Prison Guard; J. WHITE, Lieutenant; K. BUCKLEY, Lieutenant; J. BISHOP, Prison Guard; and L. MARLOW, Nurse, Each of Upstate Correctional Facility; and N. LaVIGINE, Defendants. ------------------------------------APPEARANCES: JONATHAN JOHNSON Plaintiff, pro se 89-A-1042 UpState Correctional Facility PO Box 2001 Malone, NY 12953 HON. ANDREW M. CUOMO Attorney General of the State of New York Attorney for Defendants Department of Law The Capitol Albany, New York 12224 DAVID N. HURD United States District Judge ROGER W. KINSEY, ESQ. Asst. Attorney General DECISION and ORDER Plaintiff, Johnathan Johnson, brought this civil rights action in September 2007, pursuant to 42 U.S.C. ยง 1983. By Report-Recommendation dated March 2, 2010, the Honorable David R. Homer, United States Magistrate Judge, recommended that defendants motion for summary judgment (Docket No. 70) be granted and that judgment be granted to all defendants on all claims. The plaintiff has filed timely objections to the ReportRecommendation. Based upon a de novo review of the entire file, including the portions of the ReportRecommendation to which plaintiff has objected, and the recommendations of Magistrate Judge Homer, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Defendants motion for summary judgment (Docket No. 70) is GRANTED; 2. Judgment is GRANTED to all defendants on all claims; and 3. The Clerk is directed to file judgment accordingly and close the file. IT IS SO ORDERED. Dated: May 21, 2010 Utica, New York. - 2 -
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