Johnson v. Guiffere

Full title: JOHN EARL JOHNSON, Plaintiff, v. JOSEPH GUIFFERE and JOHN PECORA…

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

Date published: Oct 17, 2007

9:04-CV-57 (N.D.N.Y. Oct. 17, 2007)

Opinion

9:04-CV-57.

October 17, 2007

JOHN EARL JOHNSON, Plaintiff, Pro Se, Albany, NY.

DONOHUE SABO, Attorneys for Defendant Guiffere, Albany, NY, FRED HUTCHISON, ESQ., KENNETH G. VARLELY, ESQ.

ORDER

DAVID HURD, District Judge

Plaintiff, John Earl Johnson, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated August 10, 2007, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the defendant Sergeant Guiffere's motion for summary judgment be granted and the plaintiff's complaint be dismissed in all respects, with prejudice regarding defendant Guiffere, but without prejudice as to defendant Pecora. Objections to the Report Recommendation have been filed by the plaintiff.

Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted. See 28U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. The defendant Sergeant Guiffere's motion for summary judgment is GRANTED;

2. The complaint is DISMISSED in all respects, with prejudice with regard to defendant Guiffere;

3. The complaint is DISMISSED in all respects, without prejudice as to defendant Pecora; and

4. The Clerk shall file judgment accordingly.

IT IS SO ORDERED.