Opinion
9:06-CV-1192.
April 17, 2008
GUY McEACHIN, 00-A-5257, Attica Correctional Facility, Attica, NY.
RISA L. VIGLUCCI, ESQ., ROGER W. KINSEY, 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.
ORDER
Plaintiff, Guy McEachin, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated February 8, 2008, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that defendants' motion to dismiss be granted and that plaintiff's complaint be dismissed as to defendants Goord, Selsky, Girdich, and White. 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 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Defendants' motion to dismiss is GRANTED;
2. Plaintiff's complaint is DISMISSED in all respects as to defendants Glenn S. Goord, Donald Selsky, Roy A. Girdich, and White;
3. The Clerk is directed to enter judgment as to defendants Glenn S. Goord, Donald Selsky, Roy A. Girdich, and White.
IT IS SO ORDERED.