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Norvell Rolling v. Maria Rother

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 14, 2012

NORVELL ROLLING, PLAINTIFF,
v.
MARIA ROTHER, CORRECTIONAL OFFICER, HUDSON CORRECTIONAL FACILITY; STEVEN M. ULRICH, SGT/LT., HUDSON CORRECTIONAL FACILITY; MICHAEL URVAN, CAPTAIN, HUDSON CORRECTIONAL FACILITY; JEFF MCKOY, SUPERINTENDENT, HUDSON CORRECTIONAL FACILITY; BRIAN FISCHER, COMMISSIONER; AND NYS DEPT OF CORRECTIONS, DEFENDANTS.

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

DECISION and ORDER

Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On July 16, 2012, the Honorable David R. Homer, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for partial summary judgment be granted, with judgment granted as to all claims against defendants McKoy and Fischer, and judgment granted to defendants Rother, Ulrich, and Urvan on all Eighth Amendment claims regarding the medical treatment Rolling received at Coxsackie Correctional Facility. No objections to the Report-Recommendation were filed.

Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1).

Therefore it is ORDERED that Defendants' motion for partial summary judgment (Dkt. No. 51) is GRANTED;

(a) All claims against defendants McKoy and Fischer are DISMISSED; and

(b) All Eighth Amendment claims against defendants Rother, Ulrich, and Urvan regarding the medical treatment plaintiff received at Coxsackie Correctional facility are DISMISSED.

IT IS SO ORDERED.

20120814

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