Johnson v. Guiffery et al

Filing 51

ORDER: accepting & adopting in whole M.J. Peebles' 48 Report and Recommendations; granting deft CPCR's 10 Motion to Dismiss pltf's claims against that entity; pltf's complaint is DISMISSED as against deft CPCR w/leave to reple ad to assert claims against its members, individually; denying pltf's 29 Motion for Summary Judgment finding liability on his various claims against deft Sergeant Guiffrie; Clerk directed to file judgment accordingly. Signed by Judge David N. Hurd on 12/7/2005. (see)

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Johnson v. Guiffery et al Doc. 51 Case 9:04-cv-00057-DNH-DEP Document 51 Filed 12/07/2005 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------JOHN EARL JOHNSON, Plaintiff, vs JOSEPH GUIFFERY; JOHN PECORA, Administrator; and C.P.C.R. COUNCIL, Defendants. --------------------------------- ---APPEARANCES: JOHN EARL JOHNSON 11704-052 Plaintiff, Pro Se United States Penitentiary P.O. Box 1000 Lewisburg, PA 17837 DONOHUE, SABO LAW FIRM Attorneys for Defendant Guiffery Department of Law The Capitol Albany, New York 12224 HON. ELIOT SPITZER Attorney General of the State of New York Attorney for Defendant, C.P.C.R. Council Department of Law The Capitol Albany, New York 12224 DAVID N. HURD United States District Judge ORDER Plaintiff, John Earl Johnson, brought this civil rights action pursuant to 42 U.S.C. 1983. In a Report Recommendation dated May 17, 2005, the Honorable David E. Peebles, United States Magistrate Judge, recommended, that defendant CPCR's motion to dismiss KENNETH G. VARLEY, ESQ. OF COUNSEL: 9:04-CV-57 ROGER W. KINSEY, ESQ. Asst. Attorney General Dockets.Justia.com Case 9:04-cv-00057-DNH-DEP Document 51 Filed 12/07/2005 Page 2 of 2 plaintiff's claims against that entity be granted and plaintiff's complaint be dismissed as against that defendant with leave to replead to assert claims against its members, individually; and that plaintiff's motion for summary judgment finding liability on his various claims against defendant Sergeant Guiffrie be denied. Timely objections have been filed by the plaintiff. Based upon a de novo determination of the portions of the ReportRecommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. The defendant CPCR's motion to dismiss plaintiff's claims against that entity is GRANTED; 2. Plaintiff's complaint is DISMISSED as against defendant CPCR with leave to replead to assert claims against its members, individually; and 3. Plaintiff's motion for summary judgment finding liability on his various claims against defendant Sergeant Guiffrie is DENIED. The Clerk is directed to file judgment accordingly. IT IS SO ORDERED. Dated: December 7, 2005 Utica, New York. -2-

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