Messa v. Woods

Full title: RAFAEL MESSA, Plaintiff, v. R.K. WOODS, Superintendent; J. HYDE…

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

Date published: Sep 23, 2009

9:07-CV-306 (N.D.N.Y. Sep. 23, 2009)

Opinion

9:07-CV-306.

September 23, 2009

RAFAEL MESSA, Plaintiff, Pro Se, Southport Correctional Facility, Pine City, NY.

ADELE M. TAYLOR-SCOTT, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, New York.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff, Rafael Messa, brought this civil rights action in March 2007, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated July 30, 2009, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion for partial summary judgment (Docket No. 44) be granted, in part, and that all of plaintiff's claims against defendants Woods and Buffham be dismissed, but that defendants' motion otherwise be denied. The plaintiff has timely filed objections to the Report-Recommendation.

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 in all respects.See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Defendants' motion for partial summary judgment (Doc. No. 44) is GRANTED, in part;

2. All of plaintiff's claims against defendants Woods and Buffham are DISMISSED;

3. Defendants' motion otherwise is DENIED; and

4. A trial date will be issued in due course.

IT IS SO ORDERED.