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Monroe v. Critelli

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 21, 2008

JAMEL MONROE, PLAINTIFF,
v.
STEVEN CRITELLI, CORRECTIONAL OFFICER, MID-STATE C.F.; BRIAN LOCKWOOD, CORRECTIONAL OFFICER, MID-STATE, C.F.; THERESA VIRKLER, IGP SUPERVISOR, MID-STATE C.F.; AND JANE DOE, MAIL ROOM CLERK, MID-STATE C.F., DEFENDANTS.

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

DECISION AND ORDER

Presently before the Court is Magistrate Judge George H. Lowe's January 28, 2008 Report-Recommendation in which he recommends that the Court deny Plaintiff's motion for summary judgment; grant Defendants Critelli, Lockwood and Virkler's cross-motion for summary judgment and dismiss Plaintiff's complaint in its entirety. The Court having reviewed the Report-Recommendation and the entire file in this matter and Plaintiff having filed no objections to said Report-Recommendation, the Court hereby

ORDERS that the Report-Recommendation filed by Magistrate Judge George H. Lowe on January 28, 2008, is, for the reasons stated therein, ACCEPTED in its entirety; and the Court further

ORDERS that Plaintiff's motion for summary judgment is DENIED; and the Court further

ORDERS that Defendants Critelli, Lockwood and Virkler's cross-motion for summary judgment is GRANTED; and the Court further

ORDERS that any of Plaintiff's claims against the three Defendants that are not the subject of their motion for summary judgment are DISMISSED pursuant to 28 U.S.C. § 1915A(e)(2)(ii) and/or 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted; and the Court further

ORDERS that Plaintiff's claims against Jane Doe are DISMISSED with prejudice due to Plaintiff's failure to name or serve her or, in the alternative, due to his failure to state a claim upon which relief may be granted, pursuant to 28 U.S. C. § 1915A(e)(2)(B)(ii) and/or 28 U.S.C. § 1915A(b); and the Court further

ORDERS that, in light of the foregoing, Plaintiff's complaint is DISMISSED in its entirety with prejudice; and the Court further

CERTIFIES that for purposes of 28 U.S.C. § 1915A(a)(3), any appeal taken from the Court's final judgment in this action would not be taken in good faith; and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case.

IT IS SO ORDERED.

20080221

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