Vazquez v. Parks

Full title: LUIS A. VAZQUEZ, Plaintiff, v. GREGORY PARKS, et al., Defendants

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

Date published: Feb 19, 2003

02 Civ. 1735 (LAK) (S.D.N.Y. Feb. 19, 2003)

Opinion

02 Civ. 1735 (LAK)

February 19, 2003

ORDER

LEWIS A. KAPLAN, United States District Judge

Plaintiff has moved for a preliminary injunction. Defendants have moved to dismiss the complaint or, in the alternative, for summary judgment dismissing the complaint.

By report and recommendation dated January 27, 2003, Magistrate Judge Pitman recommended denial of plaintiff's motion, granting of defendants' motion to dismiss, and denial without prejudice of defendants' alternative motion for summary judgment.

Plaintiff has filed objections, dated February 5, 2003. Although there is no proof of service on defendants' counsel, the Court has directed the Clerk to accept them for filing. There is nothing in the objections that warrants a conclusion other than that reached by Magistrate Judge Pitman. Accordingly, plaintiff's motion for a preliminary injunction is denied. Defendants' motion to dismiss the complaint is granted, and defendants' motion for summary judgment is denied, in each case for the reasons set forth in the report and recommendation.

SO ORDERED.