Summary
dismissing the case since Nelson had received adequate medical care for his leg and the failure of the wound to heal was the result of Nelson's own acts of interference with the treatment provided and his self-mutilation
Summary of this case from Nelson v. DoughertyOpinion
9:06-CV-1146 (NAM) (DRH).
December 30, 2009
DENNIS NELSON, Great Meadow Correctional Facility, Comstock, New York, Plaintiff, pro se.
HON. ANDREW M. CUOMO, Attorney General, State of New York, Adele M. Taylor-Scott, Esq., Assistant Attorney General, The Capitol, Albany, New York, Attorney for Defendants.
MEMORANDUM-DECISION AND ORDER
Defendants move (Dkt. No. 42) for summary judgment dismissing this pro se action under 42 U.S.C. § 1983. Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States Magistrate Judge David R. Homer issued a Report and Recommendation (Dkt. No. 47) recommending that the motion for summary judgment be granted to all defendants on all claims. Plaintiff submitted a general objection (Dkt. No. 48) stating simply that he objects to granting summary judgment. Accordingly, the Court reviews the Report and Recommendation for clear error. See Brown v. Peters, 1997 WL 599355, *2-3 (N.D.N.Y.), aff'd without op., 175 F.3d 1007 (2d Cir. 1999).
The Court has reviewed the entire record, including the extensive medical records that were traditionally filed. Magistrate Judge Homer's factual recitation is fully supported by the record, and the Court adopts the Report and Recommendation in its entirety. There is no clear error; to the contrary, even under the de novo standard of review, the Report and Recommendation is correct in all respects.
It is therefore
ORDERED that the Report and Recommendation (Dkt. No. 47) is accepted and adopted; and it is further
ORDERED that defendants' motion for summary judgment (Dkt. No. 42) is granted and the action dismissed on the merits.
IT IS SO ORDERED.