Nelson v. Scoggy et al

Filing 49

ORDER that 47 Report and Recommendations is accepted and adopted. ORDRERED granting 42 Motion for Summary Judgment and this action is dismissed on the merits. Signed by Chief Judge Norman A. Mordue on 12/30/09. {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
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DENNIS NELSON, Plaintiff, vs. MR. SCOGGY, Counselor; MS. L. GILLIS, Dept. of BHU; MS. FRAISHER, Doctor; R. QUINN, C.O., Defendants.
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9:06-CV-1146 (NAM)(DRH)

APPEARANCES: DENNIS NELSON Great Meadow Correctional Facility Box 51 Comstock, New York 12821 Plaintiff, pro se HON. ANDREW M. CUOMO, Attorney General, State of New York Adele M. Taylor-Scott, Esq., Assistant Attorney General The Capitol Albany, New York 12224 Attorney for Defendants
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Hon. Norman A. Mordue, Chief U.S. District Judge: MEMORANDUM-DECISION AND ORDER Defendants move (Dkt. No. 42) for summary judgment dismissing this pro se action under 42 U.S.C. § 1983. Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States Magistrate Judge David R. Homer issued a Report and Recommendation (Dkt. No. 47) recommending that the motion for summary judgment be granted to all defendants on all claims. Plaintiff submitted a general objection (Dkt. No. 48) stating simply that he objects to granting summary judgment. Accordingly, the Court reviews the Report and Recommendation for clear error. See Brown v. Peters, 1997 WL 599355,*2-3 (N.D.N.Y.), aff'd without op., 175

F.3d 1007 (2d Cir. 1999). The Court has reviewed the entire record, including the extensive medical records that were traditionally filed. Magistrate Judge Homer's factual recitation is fully supported by the record, and the Court adopts the Report and Recommendation in its entirety. There is no clear error; to the contrary, even under the de novo standard of review, the Report and Recommendation is correct in all respects. It is therefore ORDERED that the Report and Recommendation (Dkt. No. 47) is accepted and adopted; and it is further ORDERED that defendants' motion for summary judgment (Dkt. No. 42) is granted and the action dismissed on the merits. IT IS SO ORDERED. December 30, 2009 Syracuse, New York
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