Summary
finding no deliberate indifference by prison official who refused to honor prisoner's vague medical permit
Summary of this case from Santiago v. PonteOpinion
9:05-CV-0024.
August 4, 2009
ANDRE WAUL, Plaintiff, pro se, 78-A-2915, Fishkill Correctional Facility, Beacon, NY.
CHRISTINA L. ROBERTS-RYBA, ESQ., Asst. Attorney General. HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for State Defendants, Department of Law, The Capitol, Albany, New York.
MATTHEW J. KELLY, ESQ., ROEMER WALLENS MINEAUX, LLP, Attorneys for Defendants Koch, Anuszewski and Preocanin, Albany, New York.
DECISION and ORDER
Plaintiff, Andre Waul, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated March 16, 2009, the Honorable David R. Homer, United States Magistrate Judge, recommended that defendants' motions for summary judgment (Docket Nos. 153 and 161) be granted and that judgment be entered for all defendants on all claims. The plaintiff has timely filed lengthy objections to the report-recommendation.
Based upon a careful review of the entire file 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' motions for summary judgment are GRANTED;
2. The complaint is DISMISSED;
3. The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.