September 13, 2007
WOODROW FLEMMING, PETITIONER,
GLENN GOORD, COMMISSIONER OF NYS DEPARTMENT OF CORRECTIONS; DONALD SELSKY, DIRECTOR OF SPECIAL HOUSING FOR DOC INMATES; MICHAEL MAHER, DEPUTY ACTING SUPERVISOR; NORMAN BEZIO, CAPTAIN; DONALD G. UHLER, CAPTAIN; ANTHONY BOUCAUD, DEPUTY SUPERINTENDENT FOR ADMINISTRATION; MITCHELL, SECURITY LT. IN CHARGE; ADMIKS, LUT. FOR HEARING AND ACTING CAPTAIN; DONALD QUINN, LUT.; MARTIN, LUT. FOR INVESTIGATION; FLETCHER, SGT. FOR SECURITY AT RMU WALSH; CARPENTER, SGT. FOR SECURITY AT RMU WALSH; THOMAS J. KOUROFSKY, SGT.; ALLAN, SGT. FOR SECURITY AT RMU WALSH; GEORGE L. LAFRANCE, SGT. WITH GRIEVANCE OFFICE; BISHOP, SGT. IN 11 BLOCK; JAMES SORELL, CO SECURITY OFFICER; GUY R. FALCON, CO SECURITY OFFICER; STEVEN K. WENTZEL, CO SECURITY OFFICER; EDMUND BARR, SECURITY OFFICER CO.; TERRY JAMES, CO SECURITY OFFICER; BRIAN R. GRANFE, CO SECURITY OFFICER; TERRY D. CHARLAND, CO SECURITY OFFICER; DANNIE MALLONI, CO SECURITY OFFICER AT RMU WALSH; MRS. C.O. LOVETTE, SECURITY OFFICER AT RMU WALSH; ANTHONY DURRANTE, SECURITY OFFICER OF RMU WALSH; ANDY MEACHUM, SECURITY OFFICER AT RMU WALSH; JAMES BENNETT, CO LAW LIBRARY SUPERVISOR; GERALD CARON, SECURITY OFFICER; KIRK CROSSETT, SECURITY OFFICER; PATRICIA, SECURITY OFFICER AT RMU WALSH-MOHAWK; DEANA BUFFHAM, MEDICAL AND MEDICATION NURSE; GEORGE WATERSON, MEDICAL AND MEDICATION NURSE; EVELYN WEISSMAN, HEAD DOCTOR IN CHARGE; LEO PAYANT, SUPERINTENDENT OF RMU WALSH; DEPUTY ROSADRO, D.S.H.HEAD OF RMU WALSH MEDICAL; DR. SHARMA; DR. BURDICK; C.O. TERRY ASHLAW; AND C.O. SZAJER, RESPONDENTS.
The opinion of the court was delivered by: Thomas J. McAVOY United States District Judge
This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David R. Homer, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
No objections to the August 23, 2007 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein and GRANTS the motion to dismiss the Amended Complaint. Plaintiff is granted leave to file a Second Amended Complaint within thirty days of the date of this Order. Any new pleading must comply with the terms of the Report-Recommendation. Failure to file a proper Complaint will result in dismissal of this case. Defendants are granted leave to renew their motion to dismiss after Plaintiff has filed an amended pleading.
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