Messa v. Woods et al

Filing 55

DECISION and ORDER: ORDERED that, the 51 Report-Recommendation is accepted and adopted in all respects; Defendants' 44 motion for partial summary judgment is GRANTED, in part; All of plaintiff's claims against defendants Woods and Buffham are DISMISSED; Defendants' motion otherwise is DENIED; A trial date will be issued in due course. Signed by Judge David N. Hurd on 9/23/2009. {Decision & Order served on plaintiff via regular mail} (mgh)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------RAFAEL MESSA, Plaintiff, vs R.K. WOODS, Superintendent; J. HYDE, Corrections Sergeant; N. GUERIN, Corrections Officer; M. KEMP, Corrections Officer; K. EDDY, Corrections Officer; D. BUFFHAM, R.N.; and P. DABIEW, R.N., All of UpState Correctional Facility, Defendant. -----------------------------------APPEARANCES: RAFAEL MESSA Plaintiff, Pro Se 99-A-1402 Southport Correctional Facility PO Box 2000 Pine City, NY 14871 HON. ANDREW M. CUOMO Attorney General of the State of New York Attorney for Defendants Department of Law The Capitol Albany, New York 12224 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff, Rafael Messa, brought this civil rights action in March 2007, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated July 30, 2009, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion for partial ADELE M. TAYLOR-SCOTT, ESQ. Asst. Attorney General OF COUNSEL: 9:07-CV-306

summary judgment (Docket No. 44) be granted, in part, and that all of plaintiff's claims against defendants Woods and Buffham be dismissed, but that defendants' motion otherwise be denied. The plaintiff has timely filed objections to the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Defendants' motion for partial summary judgment (Doc. No. 44) is GRANTED, in part; 2. All of plaintiff's claims against defendants Woods and Buffham are DISMISSED; 3. Defendants' motion otherwise is DENIED; and 4. A trial date will be issued in due course. IT IS SO ORDERED.

Dated: September 23, 2009 Utica, New York.

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