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Dabney v. McGinnis

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


May 9, 2006

BARTRAM YIHNI DABNEY (93-A-7310), PLAINTIFF,
v.
MICHAEL MCGINNIS, RICHARD MORSE, DENNIS RYAN, JAMES CASSELBERRY AND M. SOLOMANE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court

ORDER

The above-referenced case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On March 31, 2006, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendants' motion for summary judgment be granted and that the complaint be dismissed against defendants Michael McGinnis and Richard Morse with respect to plaintiff's cause of action for cruel and unusual punishment resulting from the application of restraints in the recreation yard and that the complaint be dismissed against defendant Dennis Ryan for lack of personal involvement in an alleged assault upon plaintiff on October 22, 1997.

Although he is represented by assigned counsel, assigned counsel did not file any objections. However, the plaintiff filed pro se objections on or before May 1, 2006.*fn1

Pursuant to 28 U.S.C. § 636, this Court must perform a de novo review of the Report and Recommendation. Upon a de novo review of the Report and Recommendation, and having considered plaintiff's pro se objections, the Court adopts the proposed findings set forth in the Report and Recommendation.*fn2

Accordingly, for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, defendants' motion for summary judgment is granted and the complaint is dismissed against defendants Michael McGinnis and Richard Morse with respect to plaintiff's cause of action for cruel and unusual punishment resulting from the application of restraints in the recreation yard and dismissed against defendant Dennis Ryan for lack of personal involvement in an alleged assault upon plaintiff on October 22, 1997. The case is referred back to Magistrate Judge Schroeder for further proceedings.

IT IS SO ORDERED.


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