Cicio v. Lamora et al

Filing 38

ORDER: ORDERED, that the 37 Report-Recommendation is ACCEPTED in its entirety for the reasons stated herein. ORDERED, that defendants' 35 Motion for Summary Judgment is GRANTED to the extent that plaintiff's claims against defendants i n their official capacities and those against defendant Woods is DISMISSED but the defendants' motion is otherwise DENIED. Signed by Judge Gary L. Sharpe on 3/22/10. (Attachments: # 1 Report-Recommendation) (Order with RR served on plaintiff by regular mail)(alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------TERRY CICIO, Plaintiff, -v.Civil Action No. 9:08-cv-431 (GLS/DEP) R. LAMORA, R. SCOTT, R. MACWILLIAMS, K. CROSSETT, E. FACTEAU, C.O. DEMERS, R.WOODS, R. GILL, Defendants. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: TERRY CICIO Plaintiff, Pro Se Upstate Correctional Facility P.O. Box 2001 Malone, New York 12953 FOR THE DEFENDANTS: HON. ANDREW M. CUOMO Attorney General of the State of New York The Capitol Albany, New York 12224 GARY L. SHARPE, U.S. DISTRICT JUDGE C. HARRIS DAGUE, ESQ. Assistant Attorney General OF COUNSEL:

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge David E. Peebles, duly filed February 24, 2010. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed February 24, 2010 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that defendants' motion for summary judgment (Dkt. No. 35) is GRANTED to the extent that plaintiff's claims against defendants in their official capacities and those against defendant Woods is DISMISSED but the defendants' motion otherwise is DENIED, and it is further ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.

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IT IS SO ORDERED. Dated: March 22, 2010 Albany, New York

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