Brown v. Bascomb

Full title: JAMES BROWN, Plaintiff, v. MICHELLE BASCOMB, Dentist Assistant; SALLY…

Court: United States District Court, N.D. New York

Date published: Sep 16, 2008

9:05-CV-1466 (N.D.N.Y. Sep. 16, 2008)

Opinion

9:05-CV-1466.

September 16, 2008

JAMES BROWN, 82-C-0099, Attica Correctional Facility, Attica, New York, Plaintiff Pro Se.

STEPHEN M. KERWIN, ESQ., Assistant Attorney General, HON. ANDREW M. CUOMO, Attorney General for the State of New York, Attorney for Defendants, The Capitol, Albany, New York.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed on the 22^nd day of August 2008. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED, that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. The Defendants' motion for summary judgment (Docket No. 35) is granted in all respects as to Brown's First and Fourteenth Amendment claims and judgment be entered in favor of Reams and Reams be terminated from this action, and denied in all respects as to Brown's Eighth Amendment claims against Marra and Barcomb.

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.