Ramsey v. Goord et al

Filing 50

ORDER granting in part and denying in part 22 Motion for Summary Judgment; adopting Report and Recommendation re 44 . Case is referred back to Magistrate Judge for further proceedings. Signed by Hon. Richard J. Arcara on 9/24/2009. (JMB)

U N IT E D STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK

M IC H A E L F. RAMSEY Plaintiff, v. ORDER 05-CV-047

GLENN S. GOORD, et al. D e fe n d a n ts .

T h is case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 2 8 U.S.C. § 636(b)(1), on November 18, 2005. On January 22, 2007, defendants file d a motion for summary judgment. On August 19, 2009, Magistrate Judge F o s c h io filed a Report and Recommendation, recommending that defendants' m o tio n for summary judgment be granted in part and denied in part. Plaintiff filed objections to the Report and Recommendation on September 2 , 2009, and defendants filed a response thereto. Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo d e te r m in a tio n of those portions of the Report and Recommendation to which o b je c tio n s have been made. Upon a de novo review of the Report and

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R e c o m m e n d a tio n , and after reviewing the submissions of the parties, the Court a d o p ts the proposed findings of the Report and Recommendation.1 A c c o rd in g ly , for the reasons set forth in Magistrate Judge Foschio's Report a n d Recommendation, defendants' motion for summary judgment is granted in p a rt and denied in part. T h e case is referred back to Magistrate Judge Foschio for further p r o c e e d in g s .

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA CHIEF JUDGE UNITED STATES DISTRICT COURT DATED: September 24, 2009

In his objections, plaintiff has alleged numerous factual errors in the Report and Recommendation. Most of plaintiff's allegations amount to disagreements with the outcome of the Report and Recommendation. The Court will acknowledge, however, one minor factual error that does not change the analysis contained in the Report and Recommendation. Page 45 of the Report and Recommendation should read that the court referenced in the Fifth Claim of the complaint is the Appellate Division, Second Department, not the Second Circuit. 2

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