Murray v. Bushey

Full title: JAMES MURRAY Plaintiff, v. C.O. Bushey Defendant

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

Date published: Feb 23, 2009

9:04-cv-00805 (N.D.N.Y. Feb. 23, 2009)

Opinion

9:04-cv-00805.

February 23, 2009

JAMES MURRAY, Plaintiff, pro se, 95-A-4417, Upstate Correctional Facility, Malone, NY.

SENTA B. SIUDA, ESQ., Ass't Attorney General, HON. ANDREW M. CUOMO, Office of Attorney General — Syracuse Office, Syracuse, NY.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 2, 2009, the Honorable George H. Lowe, United States Magistrate Judge, advised, by Report-Recommendation, that defendant's motion for summary judgment be granted, and the complaint be dismissed in its entirety. Both parties timely filed objections to the Report-Recommendation.

Based upon a de novo determination of the portions of the report and recommendations to which both parties objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is

ORDERED that

1. Defendants' motion for judgment on the pleadings (Docket. No. 43) is DENIED as to Plaintiff's Fourth Amendment claim;

2. GRANTED as to Plaintiff's Eighth Amendment claim; and

3. Plaintiff's Eighth Amendment claim is DISMISSED.

IT IS SO ORDERED.