Banks et al v. William, No. 1:2011cv08667 - Document 34 (S.D.N.Y. 2013)

Court Description: MEMORANDUM DECISION AND ORDER, RE: MOTION to Dismiss pursuant to Rule 12(c). Pro se plaintiff Deshawn Banks, a former inmate at the George R. Vierno Center ("GRVC") on Rikers Island, brings this action pursuant to 42 U.S.C. § 1983 al leging that defendant Officer William violated his Eighth Amendment right to be free from cruel and unusual punishment. Specifically, Plaintiff alleges the following as set forth herein. Defendant moves for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) asserting that the alleged conduct does not constitute a constitutional violation. This Court referred the matter to Magistrate Judge James L. Cott for his Report and Recommendation. ("Report"). Magistrate Judge Cott recommended that Defendant's motion for judgment on the pleadings be granted. Defendant's motion to dismiss the complaint is GRANTED. The Clerk of the Court is directed to close this case. (Signed by Judge George B. Daniels on 2/27/2013) (ja)