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Joel Murray v. Dr. Ramineni

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 1, 2011

JOEL MURRAY, PLAINTIFF,
v.
DR. RAMINENI, MEDICAL DIRECTOR; A. FERGUSON, N.P.; *DR. MANNAVA, M.D.; *PICENTE, CORRECTION COUNSELOR; STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES; *NURSE HOWARD; WILLIAMS, NURSE; A. PAOLANO, DR., GREAT MEADOW CORRECTIONAL FACILITY; AND J. HARRIS, NURSE ADMINISTRATOR, *ALL OF MID-STATE CORRECTIONAL FACILITY, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Plaintiff, Joel Murray, commenced this civil rights action in July 2008, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated March 3, 2011, the Honorable David R. Homer, United States Magistrate Judge, recommended that defendants' motion for summary judgment (Dkt. 57) be granted as to all federal claims and all defendants; that Murray's state law claims be dismissed without prejudice; and that this action be terminated. (Docket No.71). The plaintiff has filed objections to the Report-Recommendation. (Docket No. 72). Based upon a de novo review of the entire file, including the portions of the Report- Recommendation to which plaintiff has objected, and the recommendations of Magistrate Judge Homer, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that

1. Defendants' motion for summary judgment (Dkt. 57) is GRANTED;

2. The plaintiff's federal law claims are DISMISSED with prejudice;

3. The plaintiff's state law claims are DISMISSED without prejudice; and

4. The Clerk is directed to file judgment accordingly and close the file. IT IS SO ORDERED.

Utica, New York.

20110401

© 1992-2011 VersusLaw Inc.



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