Opinion
09-CV-575
10-15-2012
RASZELL REEDER, Plaintiff, v. D. HOLDRIDGE, Captain; MENARD, Sergeant; BAKER, Sergeant; RONALD DURMONT, Registered Nurse and Examiner; MOLLER, Correctional Officer; TUCKER, Correctional Officer; MARTIN, Correctional Officer; SHUTTS, C.O.; GROM, C.O.; POUPORE, Correctional Officer; BOULRICE, C.O.; MOSELEY, C.O.; TRUDEAU, Correctional Officer; ALLEN, Correctional Officer; GITTENS, Correctional Officer; BESAW, Correctional Officer; TETREAULT, C.O.; NUNEZ, Inspector General, Defendants.
RASZELL REEDER Plaintiff Pro Se HON. ERIC T. SCHNEIDERMAN New York State Attorney General Attorney for Defendants OF COUNSEL: ADRIENNE J. KERWIN, ESQ. Ass't Attorney General
(DNH/CFH)
APPEARANCES: RASZELL REEDER
Plaintiff Pro Se
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
Attorney for Defendants
OF COUNSEL: ADRIENNE J. KERWIN, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On September 5, 2012, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for summary judgment be denied as to plaintiff's claims of excessive force against defendants Menard, Martin, Shutts, and Tucker, and granted as to all other claims and all other moving defendants and that the complaint be dismissed with prejudice as to those defendants. Plaintiff timely filed objections to the Report-Recommendation.
Based upon a de novo review, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion for summary judgment is DENIED in part and GRANTED in part;
2. Defendants' motion for summary judgment is DENIED as to plaintiff's claims of excessive force against defendants Menard, Martin, Shutts, and Tucker;
3. Defendants' motion for summary judgment is GRANTED as to all other claims and all other moving defendants; and
4. The complaint is DISMISSED with prejudice as to defendants D. Holdridge, Baker, Ronald Durmont, Moller, Grom, Poupore, Boulrice, Moseley, Trudeau, Allen, Gittens, Besaw, Tetreault, and Nunez.
IT IS SO ORDERED. Dated: October 15, 2012
Utica, New York.
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United States District Judge