Ocasio v. Deluke et al

Filing 163

MEMORANDUM-DECISION AND ORDER: ORDERED, that Magistrate Judge David R. Homer's Report-Recommendation and Order (Dkt. No. 158 ) is ADOPTED and defendants' summary judgment motion (Dkt. No. 129 ) is GRANTED. ORDERED, that Ocasio's com plaint is DISMISSED in its entirety. ORDERED, that the Clerk close this case and provide a copy of this Memorandum-Decision and Order to the parties by regular and certified mail. Signed by Judge Gary L. Sharpe on 3/8/11. (Attachments: # 1 Report-Recommendation) (Memorandum-Decision and Order served by regular mail and certified mail on plaintiff)(alh, )

Ocasio v. Deluke et al

Doc. 163

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________ OMAR OCASIO, Plaintiff, v. F. DELUKE, C.O., Great Meadow Correctional Facility; P. VANGUILDER, Deputy of Security, Great Meadow Correctional Facility; RICHARD ROY, Inspector General; D. BEEBE, C.O; S. HAMEL, C.O.; T. LESPIER, Sgt.; C. MURRY, Sgt.; R. ARMSTRONG, Lt.; S. ROWE, Captain; JULIE DANIELS, Inmate Grievance Coordinator; M. HARRIS, Nurse; RICHARD A. DUNNING, as Administrator of the Estate of Elaine Dunning; GREAT MEADOW CORRECTIONAL FACILITY, Medical Grievance Department; LUCIEN LECLAIRE, JR.; EDWARD MCSWEENEY; and DONALD SELSKY, Defendants. _______________________________________ APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: Omar Ocasio Pro Se 2405 First Avenue, Apt. #5B New York, NY 10035 FOR THE DEFENDANTS: HON. ERIC T. SCHNEIDERMAN New York State Attorney General The Capitol Albany, NY 12224 9:08-cv-51 (GLS/DRH)

JAMES SEAMAN ADAM SILVERMAN Assistant Attorneys General

Dockets.Justia.com

Gary L. Sharpe District Court Judge

MEMORANDUM-DECISION AND ORDER Pro se plaintiff Omar Ocasio, a former inmate at Great Meadow Correctional Facility, brings this action under 42 U.S.C. § 1983, alleging violations of his First, Eighth, and Fourteenth Amendment rights. (See Compl., Dkt. No. 1.) On September 1, 2009, defendants moved for summary judgment on Ocasio's claims. (Dkt. No. 129.) In a ReportRecommendation and Order (R&R) filed September 3, 2010, Magistrate Judge David R. Homer recommended that defendants' motion be granted and that Ocasio's claims be dismissed.1 (Dkt. No. 158.) Pending are Ocasio's objections to the R&R. (Dkt. No. 162.) For the reasons that follow, the R&R is adopted in its entirety. Before entering final judgment, this court routinely reviews all report and recommendation orders in cases it has referred to a magistrate judge. If a party has objected to specific elements of the magistrate judge's findings and recommendations, this court reviews those findings and The Clerk is directed to append the R&R to this decision, and familiarity therewith is presumed.
2
1

recommendations de novo. See Almonte v. N.Y. State Div. of Parole, No. 04-cv-484, 2006 WL 149049, at *6-7 (N.D.N.Y. Jan. 18, 2006). In those cases where no party has filed an objection, or only a vague or general objection has been filed, this court reviews the findings and recommendations of a magistrate judge for clear error. See id. Without specifying the legal or factual basis for his objections, Ocasio generally objects to Judge Homer's R&R. (See Objections at 2-4, Dkt. No. 162.) In light of Ocasio's nonspecific and vague objections, the court has reviewed the R&R for clear error and finds none. Accordingly, the court adopts Judge Homer's findings and recommendations and grants defendants' motion for summary judgment on Ocasio's claims. WHEREFORE, for the foregoing reasons, it is hereby ORDERED that Magistrate Judge David R. Homer's ReportRecommendation and Order (Dkt. No. 158) is ADOPTED and defendants' summary judgment motion (Dkt. No. 129) is GRANTED; and it is further ORDERED that Ocasio's complaint is DISMISSED in its entirety; and it is further ORDERED that the Clerk close this case and provide a copy of this Memorandum-Decision and Order to the parties by regular and certified
3

mail. IT IS SO ORDERED. Date: March 8, 2011 Albany, New York

4