UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
September 24, 2008
JOSE ORRACA, PLAINTIFF,
C.O.R. PILATICH; C.O. RIOS; C.O. LAFORGE; C.O.R. KLEISTER; AND C.O. VELEZ, DEFENDANTS.
The opinion of the court was delivered by: David N. Hurd United States District Judge
Plaintiff, Jose Orraca, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated August 28, 2008, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendants' motion for partial summary judgment be granted and that plaintiff's claims against defendants Rios, LaForge, and Valez be dismissed with prejudice. Objections to the Report Recommendation have been filed by the plaintiff.
Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1).
Accordingly, it is ORDERED that
1. Defendants' motion for partial summary judgment is GRANTED;
2. Plaintiff's claims against defendants C.O. Rios, C.O. LaForge, and C.O. Valez are DISMISSED with prejudice; and
3. Remaining for trial are plaintiff's claims against C.O. R. Pilatich and C.O. R. Kleister.
IT IS SO ORDERED.
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