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Yeldon v. Hogan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 15, 2010

WILLIE JAMES YELDON, PLAINTIFF,
v.
MICHAEL HOGAN, PHD; DONALD SAWYER, PHD; JEFFREY AMODON, MD; BARBARA STAPHOLZ, RN; MAUREEN ADAMS, RN; CHARMAINE BILL, RN; SAM LILLY, RN; TERRIMAX MILLIAN, MD; JEFFREY NORWICKI, CHS; MARY BULLIVANT, RN, DEFENDANTS.

The opinion of the court was delivered by: Hon. Norman A. Mordue, Chief United States District Judge

MEMORANDUM-DECISION AND ORDER

Plaintiff brought this action under 42 U.S.C. § 1983. The complaint (Dkt. No. 1) alleges violations of his First, Fourth, Eighth, and Fourteenth Amendment rights stemming from several policies that were enforced during his civil confinement at the Central New York Psychiatric Center ("CNYPC") located in Marcy, New York, in 2008. Defendants moved for summary judgment dismissing the action (Dkt. No. 30). Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States Magistrate Judge Randolph F. Treece issued a thorough Report and Recommendation (Dkt. No. 37) recommending that summary judgment be granted and the complaint be dismissed.

Plaintiff has submitted an objection (Dkt. No. 38) to the Report and Recommendation. In view of plaintiff's objections, pursuant to 28 U.S.C. § 636(b)(1)(C), this Court conducts a de novo review. Upon de novo review, the Court adopts and accepts the Report and Recommendation in all respects.

It is therefore

ORDERED that United States Magistrate Judge Randolph F. Treece's Report and Recommendation (Dkt. No. 37) is accepted in its entirety; and it is further

ORDERED that defendants' motion for summary judgment (Dkt. No. 30) is granted the complaint (Dkt. No. 1) is dismissed in its entirety, and it is further

ORDERED that the Clerk enter judgment accordingly.

IT IS SO ORDERED.

20100315

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