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Muniz v. Goord

United States District Court, N.D. New York
Jul 11, 2007
9:04-CV-0479 (N.D.N.Y. Jul. 11, 2007)

Summary

rejecting inmate's argument that an appeal to CORC would have been futile

Summary of this case from Goodson v. Silver

Opinion

9:04-CV-0479.

July 11, 2007


DECISION and ORDER


This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. George H. Lowe, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).

No objections to the May 2, 2007 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein. It is, therefore, Ordered that:

(1) Defendants' motion for judgment on the pleadings is DENIED;

(2) Plaintiff's claims under the Ninth Amendment is DISMISSED;

(3) Plaintiff's claims under the Fourteenth Amendment are DISMISSED; and

(4) The claims against Defendant Taylor are DISMISSED.

IT IS SO ORDERED.


Summaries of

Muniz v. Goord

United States District Court, N.D. New York
Jul 11, 2007
9:04-CV-0479 (N.D.N.Y. Jul. 11, 2007)

rejecting inmate's argument that an appeal to CORC would have been futile

Summary of this case from Goodson v. Silver

diminishing special leniency afforded to pro se plaintiff because "[p]laintiff [was] a litigant of at least some level of experience and sophistication."

Summary of this case from Flemming v. Santamore

discussing reasons that neither Ninth nor Fourteenth Amendments gave rise to similar claim by prisoner for inadequate medical care

Summary of this case from Mosby v. Trabout
Case details for

Muniz v. Goord

Case Details

Full title:EFRAIN J. MUNIZ, Plaintiff, v. GLENN S. GOORD, et al., Defendants

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

Date published: Jul 11, 2007

Citations

9:04-CV-0479 (N.D.N.Y. Jul. 11, 2007)

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