Yeldon v. Hogan et al

Filing 39

MEMORANDUM-DECISION AND ORDER: ORDERED, that the 37 Report and Recommendation is accepted in its entirety. ORDERED, that defendants' 30 Motion for Summary Judgment is granted and the 1 Complaint is dismissed in its entirety. ORDERED, that the Clerk enter judgment accordingly. Signed by Chief Judge Norman A. Mordue on 3/15/10. (Memorandum-Decision and Order served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _________________________________________________ WILLIE JAMES YELDON, Plaintiff, vs. MICHAEL HOGAN, PhD; DONALD SAWYER, PhD; JEFFREY AMODON, MD; BARBARA STAPHOLZ, RN; MAUREEN ADAMS, RN; CHARMAINE BILL, RN; SAM LILLY, RN; TERRIMAX MILLIAN, MD; JEFFREY NORWICKI, CHS; MARY BULLIVANT, RN, Defendants. ______________________________________________ APPEARANCES: Willie James Yeldon Plaintiff, Pro Se New York State Attorney General The Capitol Albany, NY 12224 Adam Silverman, Esq.
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9:08-CV-769 (NAM/RFT)

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OF COUNSEL:

Hon. Norman A. Mordue, Chief United States District Judge MEMORANDUM-DECISION AND ORDER Plaintiff brought this action under 42 U.S.C. § 1983. The complaint (Dkt. No. 1) alleges violations of his First, Fourth, Eighth, and Fourteenth Amendment rights stemming from several policies that were enforced during his civil confinement at the Central New York Psychiatric Center ("CNYPC") located in Marcy, New York, in 2008. Defendants moved for summary judgment dismissing the action (Dkt. No. 30). Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States Magistrate Judge Randolph F. Treece issued a thorough Report and Recommendation (Dkt. No. 37) recommending that summary judgment be

granted and the complaint be dismissed. Plaintiff has submitted an objection (Dkt. No. 38) to the Report and Recommendation. In view of plaintiff's objections, pursuant to 28 U.S.C. § 636(b)(1)(C), this Court conducts a de novo review. Upon de novo review, the Court adopts and accepts the Report and Recommendation in all respects. It is therefore ORDERED that United States Magistrate Judge Randolph F. Treece's Report and Recommendation (Dkt. No. 37) is accepted in its entirety; and it is further ORDERED that defendants' motion for summary judgment (Dkt. No. 30) is granted the complaint (Dkt. No. 1) is dismissed in its entirety, and it is further ORDERED that the Clerk enter judgment accordingly. IT IS SO ORDERED. Date: March 15, 2010 Syracuse, New York
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