Modelle v. Fauro

Full title: PHILIP E. MODELLE and OSCAR S. GRICE, Plaintiffs, v. DAVID FAURO, Sheriff…

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

Date published: Feb 18, 2010

9:08-CV-1042 (N.D.N.Y. Feb. 18, 2010)

Opinion

9:08-CV-1042.

February 18, 2010

PHILIP E. MODELLE, 08-A-2310, Plaintiff, pro se, UpState Correctional Facility, Malone, New York.

OSCAR S. GRICE, 08-A-6396, Plaintiff, pro se, Attica Correctional Facility, Attica, New York.

THOMAS K. MURPHY, ESQ., MURPHY, BURNS, BARBER MURPHY, LLP, Attorneys for Defendants, Albany, NY.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiffs, Philip E. Modelle and Oscar S. Grice, brought this civil rights action in September 2008, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated January 27, 2010, George H. Lowe, United States Magistrate Judge, recommended that defendants' motion for summary judgment (Docket No. 61) be granted; and plaintiff Modelle's motion for summary judgment (Docket No. 38) be denied. Only plaintiff Modelle filed objections to the Report-Recommendation.

Based upon a de novo review of the entire file, including the portions of the Report-Recommendation to which plaintiff Modelle objected, and the recommendations of magistrate Judge Lowe, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Defendants' motion for summary judgment (Docket No. 61) is GRANTED;

2. Plaintiff Modelle's motion for summary judgment (Docket No. 38) is DENIED;

3. The Clerk is directed to file judgment accordingly and close the file.

IT IS SO ORDERED.