United States District Court, N.D. New York
September 11, 2014
DESMOND QUICK, Plaintiff,
JOHN QUINN, Lieutenant, Auburn Correctional Facility; CHRIS NOVACK, Correctional Officer, Auburn Correctional Facility; SEAN REILLY, Correctional Officer, Auburn Correctional Facility; and JOSEPH BANEY, Correctional Officer, Auburn Correctional Facility, Defendants.
DESMOND QUICK, Plaintiff, pro se, Marcy Correctional Facility, Marcy, NY.
RACHEL M. KISH, ESQ., Ass't Attorney General, HON. ERIC T. SCHNEIDERMAN, Attorney General for the State of New York, Albany, NY, Attorney for Defendants.
DECISION and ORDER
DAVID N. HURD, District Judge.
Pro se plaintiff Desmond Quick brought this civil rights action pursuant to 42 U.S.C. § 1983. On August 11, 2014, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for partial summary judgment dismissing plaintiff's claims against defendant Reilly be granted based upon lack of personal involvement. 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
1. Defendants' motion for partial summary judgment is GRANTED;
2. Plaintiff's claims against defendant Sean Reilly are DISMISSED;
3. This matter is referred back to Magistrate David E. Peebles for further proceedings consistent with this Decision and Order; and
4. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED.