UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
October 15, 2012
RASZELL REEDER, PLAINTIFF,
D. HOLDRIDGE, CAPTAIN; MENARD, SERGEANT; BAKER, SERGEANT; RONALD DURMONT, REGISTERED NURSE AND EXAMINER; MOLLER, CORRECTIONAL OFFICER; TUCKER, CORRECTIONAL OFFICER; MARTIN, CORRECTIONAL OFFICER; SHUTTS, C.O.; GROM, C.O.; POUPORE, CORRECTIONAL OFFICER; BOULRICE, C.O.; MOSELEY, C.O.; TRUDEAU, CORRECTIONAL OFFICER; ALLEN, CORRECTIONAL OFFICER; GITTENS, CORRECTIONAL OFFICER; BESAW, CORRECTIONAL OFFICER; TETREAULT, C.O.; NUNEZ, INSPECTOR GENERAL, DEFENDANTS.
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 September 5, 2012, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for summary judgment be denied as to plaintiff's claims of excessive force against defendants Menard, Martin, Shutts, and Tucker, and granted as to all other claims and all other moving defendants and that the complaint be dismissed with prejudice as to those defendants. Plaintiff timely filed objections to the Report-Recommendation.
Based upon a de novo review, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
1. Defendants' motion for summary judgment is DENIED in part and GRANTED in part;
2. Defendants' motion for summary judgment is DENIED as to plaintiff's claims of excessive force against defendants Menard, Martin, Shutts, and Tucker;
3. Defendants' motion for summary judgment is GRANTED as to all other claims and all other moving defendants; and
4. The complaint is DISMISSED with prejudice as to defendants D. Holdridge, Baker, Ronald Durmont, Moller, Grom, Poupore, Boulrice, Moseley, Trudeau, Allen, Gittens, Besaw, Tetreault, and Nunez.
IT IS SO ORDERED.
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