Summary
noting that a "dull pain" in plaintiff's back and persistent rash on plaintiff's foot did not raise a constitutional issue
Summary of this case from Cintron v. ReomeOpinion
9:04-CV-797.
July 12, 2007
ALVIN PETERSON, 349-06-00446, AMKC, C-95, East Elmhurst, NY.
STEPHEN M. KERWIN, ESQ, MICHAEL G. McCARTIN, ESQ., Assts. Attorney General, HON. ELIOT SPITZER, Attorney General of the State of New York, Attorney for Defendants, Department of Law, Albany, New York.
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated April 27, 2007, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the defendants' motion for summary judgment be granted and that plaintiff's complaint be dismissed in all respects. No objections to the Report-Recommendation have been filed.
Based upon a careful review of the entire file and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. The defendants' motion for summary judgment is GRANTED; and
2. Plaintiff's complaint is DISMISSED in all respects.
IT IS SO ORDERED.