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Shepherd v. Goord

United States District Court, N.D. New York
Sep 5, 2008
9:04-CV-655 (N.D.N.Y. Sep. 5, 2008)

Summary

adopting and attaching magistrate judge's report

Summary of this case from Shepherd v. Goord

Opinion

9:04-CV-655.

September 5, 2008

EON SHEPHERD, Plaintiff, Pro Se, 96-A-0356, Green Haven Correctional Facioity, Stormville, NY.

SENTA B. SIUDA, 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, Eon Shepherd, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated July 18, 2008, the Honorable David R. Homer, United States Magistrate Judge, recommended that defendants' motion for judgment on the pleadings be granted as to defendants Goord, Gidrich, Wright, VanBuren, Bennette, Ericson, Kremer, and Colvin, and those defendants should be dismissed from this action; and denied in all respects as to defendants Tweed and Post; and the Second Amended Complaint be dismissed without prejudice as to defendant Riley. Lengthy 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 for judgment on the pleadings is GRANTED as to defendants Glen S. Goord, Superintendent Bennette, Sergeant Ericson, Superintendent Gidrich, Dr. Lester Wright, Steven VanBuren, J. Colvin, and Sergeant J. Kremer;

2. Defendants Glen S. Goord, Superintendent Bennette, Sergeant Ericson, Superintendent Gidrich, Dr. Lester Wright, Steven VanBuren, J. Colvin, Sergeant J. Kremer are DISMISSED from this action;

3. Defendants' motion is DENIED in all respects as to defendants Sergeant Post and Officer Tweed;

4. The Second Amended Complaint is DISMISSED WITHOUT PREJUDICE as to defendant Nurse Riley;

IT IS SO ORDERED.


Summaries of

Shepherd v. Goord

United States District Court, N.D. New York
Sep 5, 2008
9:04-CV-655 (N.D.N.Y. Sep. 5, 2008)

adopting and attaching magistrate judge's report

Summary of this case from Shepherd v. Goord
Case details for

Shepherd v. Goord

Case Details

Full title:EON SHEPHERD, Plaintiff, v. GLENN S. GOORD, Commissioner, Sued in his…

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

Date published: Sep 5, 2008

Citations

9:04-CV-655 (N.D.N.Y. Sep. 5, 2008)

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