Summary
noting that while the plaintiff "might argue that his allegations regarding the use of excessive force by the officers escorting him to the SHU tier suffice . . . allegations of excessive force used en route to the SHU do not constitute severe SHU conditions, but rather are evaluated separately as Eighth Amendment claims against the individual officers"
Summary of this case from Aikens v. RoyceOpinion
No. 9:07-CV-0024 (FJS/GHL).
August 5, 2009
MARK JOHNSON, SR., Plaintiff, Pro Se, Albany, New York.
ROBERT P. ROCHE, ESQ., OFFICE OF ROBERT P. ROCHE, Counsel for Defendants, Albany, New York.
ORDER
After carefully considering the entire file in this matter, including Magistrate Judge Lowe's July 10, 2009 Report-Recommendation to which the parties have not filed any objections; Defendants' motion for summary judgment and Plaintiff's claims against Defendants, the Court hereby
ORDERS that Magistrate Judge Lowe's July 10, 2009 Report-Recommendation is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further
ORDERS that Defendants' motion for summary judgment is DENIED; and the Court further
ORDERS that Plaintiff's federal claims against Defendants are DISMISSED SUA SPONTE pursuant to 28 U.S.C. § 1915(e); and the Court further
ORDERS that Plaintiff's state-law claims against Defendants are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1367; and the Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case.