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Jamison v. Hayden

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 29, 2008

JOHN JAMISON, PLAINTIFF,
v.
MR. HAYDEN, PSYCHOLOGIST, CLINTON CORRECTIONAL FACILITY; MR. BUSHI, CORRECTIONAL COUNSELOR, CLINTON CORRECTIONAL FACILITY; BROWN, CAPT. OF SECURITY, CLINTON CORRECTIONAL FACILITY; PLANTO, CO, SERGEANT FOR SECURITY, CLINTON CORRECTIONAL FACILITY; TURNER, MS., ASSISTANT DEPUTY OF PROGRAMS, CLINTON CORRECTIONAL FACILITY; ZINNERMAN, MR., CORRECTIONAL COUNSELOR, ATTICA CORRECTIONAL FACILITY; THORN, MR., CORRECTIONAL COUNSELOR, ELMIRA CORRECTIONAL FACILITY; CERIO, MR., DEPUTY SUPERINTENDENT OF PROGRAMS, ELMIRA CORRECTIONAL FACILITY, DEFENDANTS.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

In a Report-Recommendation and Order dated August 7, 2007, Magistrate Judge Homer recommended that this Court grant Defendants' motion for summary judgment. See Dkt. No. 77. Plaintiff filed objections to this recommendation. See Dkt. No. 79.

In his objections, Plaintiff raises many of the same arguments that he did in opposition to Defendants' motion for summary judgment. In addition, to support his claim that Defendants violated his right to equal protection, he lists the names of four inmates, who were transferred under various circumstances; however, he does not indicate how those inmates are similarly situated to him or how Defendants' treatment of those inmates demonstrates that Defendants violated his rights to equal protection. Finally, although Plaintiff continues to assert that Defendants placed him in imminent danger when they moved him from one facility to another and did not immediately grant his request to be placed in voluntary protective custody, he does not assert that he suffered any physical injury as a result of Defendants' actions.

The Court has reviewed the file in its entirety and finds that Plaintiff has not come forward with any evidence to show that there is a genuine issue for trial with respect to any of his claims that Defendants violated his constitutional rights. Therefore, the Court hereby

ORDERS that Magistrate Judge Homer's August 7, 2007 Report-Recommendation and Order is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further

ORDERS that Defendants' motion for summary judgment is GRANTED; 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.

20080329

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