Norris v. Wright

Full title: PHILLIP NORRIS, Plaintiff, v. DOCTOR LESTER N. WRIGHT, Chief Medical…

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

Date published: Sep 28, 2010

9:06-CV-397 (N.D.N.Y. Sep. 28, 2010)

Opinion

9:06-CV-397.

September 28, 2010

PHILLIP NORRIS, Plaintiff, Pro Se, c/o Mrs. Wanda Moore, New York, New York.

CHRISTINA L. ROBERTS-RYBA, ESQ., DEAN J. HIGGINS, 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, Phillip Norris, commenced this civil rights action in March 2006, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 7, 2010, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendant's motion for summary judgment (Docket No. 47) be denied. The defendant has filed objections to the report and recommendation.

Based upon a de novo review of the entire file, including the portions of the Report-Recommendation to which defendant has objected, and the recommendations of Magistrate Judge Lowe, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that

1. Defendant's motion for summary judgment (Docket No. 47) is DENIED;

2. The Clerk is directed to return the file to the Magistrate Judge for any further pretrial scheduling.

IT IS SO ORDERED.

Dated: September 28, 2010

Utica, New York.