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.