UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
February 23, 2009
JAMES MURRAY PLAINTIFF,
C.O. BUSHEY DEFENDANT.
The opinion of the court was delivered by: David N. Hurd United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 2, 2009, the Honorable George H. Lowe, United States Magistrate Judge, advised, by Report-Recommendation, that defendant's motion for summary judgment be granted, and the complaint be dismissed in its entirety. Both parties timely filed objections to the Report-Recommendation.
Based upon a de novo determination of the portions of the report and recommendations to which both parties objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1).
Accordingly, it is ORDERED that
1. Defendants' motion for judgment on the pleadings (Docket. No.43) is DENIED as to Plaintiff's Fourth Amendment claim;
2. GRANTED as to Plaintiff's Eighth Amendment claim; and
3. Plaintiff's Eighth Amendment claim is DISMISSED.
IT IS SO ORDERED.
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