Summary
Finding no triable issue of fact as to deliberate indifference, where inmate "received nearly all of his prescribed medication," except for one occasion, when he "refused to wait for his blood test and insulin."
Summary of this case from Wilson v. RitchieOpinion
9:03-CV-1520.
January 10, 2007
MUSTAFA SHABAZZ, Plaintiff, Pro Se, Green Haven Correctional Facility, Stormville, NY.
STEVEN H. SCHWARTZ, ESQ., Asst. Attorney General, HON. ELIOT SPITZER, Attorney General of the State of New York, Attorney for Defendants Department of Law The Capitol, Albany, New York.
ORDER
Plaintiff, Mustafa Shabazz, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated September 18, 2006, the Honorable David R. Homer, United States Magistrate Judge, recommended that the defendants' motion for summary judgment be granted as to all defendants except Senkowski, and all causes of action; the complaint be dismissed without prejudice as to defendant Senkowski; and this action therefore be terminated in its entirety as to all defendants and all claims. Objections to the Report Recommendation have been filed by the plaintiff.
Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. The defendants' motion for summary judgment is GRANTED as to all defendants except Senkowski, and all causes of action;
2. The complaint is DISMISSED without prejudice as to defendant Senkowski;
3. This action is terminated in its entirety as to all defendants and all claims; and
4. The Clerk shall file judgment accordingly.
IT IS SO ORDERED.