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Lawrence v. Kealy

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 21, 2006

DEON ERNEST LAWRENCE, PLAINTIFF,
v.
KEALY, NEW YORK STATE TROOPER; HOUGHMASTER, NEW YORK STATE TROOPER; NEW YORK STATE POLICE DEPARTMENT; AND STATE OF NEW YORK, DEFENDANTS.

The opinion of the court was delivered by: Frederick J. Scullin, Jr., C.D.J.

DECISION AND ORDER

The above-captioned matter having been presented to me by the Report-Recommendation of Magistrate Judge David R. Homer filed January 31, 2005, and the Court having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report-Recommendation having been filed, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed January 31, 2005 is ACCEPTED in its entirety, for the reasons stated therein; and it is further

ORDERED, that defendants' motion to dismiss is GRANTED, and it is further

ORDERED, that all claims are DISMISSED against the New York State Police Department and the State of New York, and it is further

ORDERED, that all claims are DISMISSED against Kealy and Houghmaster in their official capacities and that the case proceed against these two defendants solely in their individual capacities.

IT IS SO ORDERED.

20060221

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