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Merced v. Moylan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


October 29, 2007

CHRISTOPHER MERCED, PLAINTIFF,
v.
E. MOYLAN, CORRECTIONAL OFFICER, C.O. LIPINSKI; SGT. BABBIE; CAPT. RELF, SUPERINTENDENT PERLMAN, DEFENDANTS.

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

DECISION & ORDER

Presently before the Court is Magistrate Judge Randolph F. Treece's September 28, 2007 Report-Recommendation in which he recommends that Defendants' Motion For Summary Judgment be denied as to the claim of excessive force against Defendant Moylan, and granted as to all other claims against all Defendants, 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,*fn1 The Court hereby

ORDERS, that the Report-Recommendation filed by Magistrate Judge Randolph F. Treece's September 28, 2007 is, for the reasons stated therein, ACCEPTED in its entirety; and the Court further

ORDERS, that Defendant's Motion for Summary Judgment is DENIED as to the claim of excessive force against Defendant Moylan, and GRANTED as to all other claims against all Defendants, and the Court further

ORDERS, that if Plaintiff does not notify the Court of his current address within thirty days of the filing of this Order, the Clerk of the Court shall enter judgment dismissing this action without prejudice, without further Order of this Court.

IT IS SO ORDERED.


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