Summary
dismissing a claim against a nurse administrator that she "should have discerned both [an inmate's] medical condition and the need for a bunk permit" based on her supervisory position is without merit because "there is no respondeat superior liability under section 1983"
Summary of this case from Felix-Torres v. GrahamOpinion
9:03-CV-1464.
September 26, 2006
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on August 28, 2006, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 34). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Brian Moolenaar, which were filed on September 11, 2006. Objections (Dkt. No. 35).
It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.
Accordingly, it is hereby
ORDERED, that the Report-Recommendation (Dkt. No. 34) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants' motion for summary judgment (Dkt. No. 30) is GRANTED, and Plaintiff's Complaint is DISMISSED IN ITS ENTIRETY, and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.