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Munoz v. Martinez

United States District Court, S.D. New York
Jun 8, 2005
No. 03 Civ. 0828 (LAK) (S.D.N.Y. Jun. 8, 2005)

Summary

granting summary judgment where plaintiff was unable to identify the individual corrections officers who assaulted him because he "did not offer any evidence opposing [defendant's] version of events" and "it seems that the only reason that [plaintiff] named [defendant] in the complaint is because [defendant's] name was listed on the Notice of Infraction"

Summary of this case from Morris v. City of N.Y.

Opinion

No. 03 Civ. 0828 (LAK).

June 8, 2005


ORDER


For the reasons set forth in the report and recommendation of Magistrate Judge Eaton, defendant Melendez's motion for summary judgment dismissing the complaint as to him is granted. The action is dismissed as against defendants Dominick Martinez (sued herein as Martinez, Capt #1218) and Bret Moleta (sued herein as B. Muleta, CO #14851) for failure to effect service of process. See Fed.R.Civ.P. 4(m). The Clerk shall close the case.

SO ORDERED.


Summaries of

Munoz v. Martinez

United States District Court, S.D. New York
Jun 8, 2005
No. 03 Civ. 0828 (LAK) (S.D.N.Y. Jun. 8, 2005)

granting summary judgment where plaintiff was unable to identify the individual corrections officers who assaulted him because he "did not offer any evidence opposing [defendant's] version of events" and "it seems that the only reason that [plaintiff] named [defendant] in the complaint is because [defendant's] name was listed on the Notice of Infraction"

Summary of this case from Morris v. City of N.Y.

In Munoz, the court emphasized that it was granting judgment to the defendant because the plaintiff there, a prison inmate, had offered no evidence to dispute the defendant's version of events, i.e., that he was not present during the alleged attack.

Summary of this case from Tacheau v. Mastrantonio
Case details for

Munoz v. Martinez

Case Details

Full title:LUIS MUNOZ, Plaintiff, v. [DOMINICK] MARTINEZ, CAPT #1218, et al.…

Court:United States District Court, S.D. New York

Date published: Jun 8, 2005

Citations

No. 03 Civ. 0828 (LAK) (S.D.N.Y. Jun. 8, 2005)

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