Guarneri v. Wood et al

Filing 96

DECISION AND ORDER adopting the 94 Report and Recommendations; granting Defendants' 91 Motion for Summary Judgment; dismissing all claims against all defendants. Signed by Senior Judge Thomas J. McAvoy on 9/30/2011. (amt) [Pltf served via reg. mail]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
JOSEPH PAUL GUARNERI,
Plaintiff,
v.

No. 08-CV-792
(TJM/DRH)

R.K. WOOD, Superintendent,
Upstate Correctional Facility; et al.,
Defendants.
_________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
I.

DISCUSSION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon.

David R. Homer, United States Magistrate Judge, for a Report and Recommendation
pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the ReportRecommendation and Order dated September 2, 2011 have been filed, and the time to do
so (including an extension) has expired. Furthermore, after examining the record, this
Court has determined that the Report-Recommendation and Order is not subject to attack
for plain error or manifest injustice.
II.

CONCLUSION
Accordingly, the Court ADOPTS the Report-Recommendation and Order for the

reasons stated therein. Therefore, it is hereby

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ORDERED that Defendants’ motion for summary judgment (Dkt. No. 91) is
GRANTED and all claims against all defendants are DISMISSED. The dismissal as to
defendants Sergeant John Doe, Nurse Administrator Jane Doe, Medical Director John
Doe and Soucia, Demarse, and Lusseve is without prejudice; the dismissal as to all other
defendants is with prejudice. The Clerk is directed to enter judgment for all defendants on
all claims and close the file in this matter.
IT IS SO ORDERED
Dated:September 30, 2011

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