Summary
holding that prisoners do not have a constitutional right to comfortable beds
Summary of this case from Semprit v. City of N.Y.Opinion
9:03-CV-480.
April 24, 2006
JEFF SMITH, Plaintiff, Pro Se, New York, NY.
HON. ELIOT SPITZER, Attorney General of the State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, NY.
KELLY L. MUNKWITZ, ESQ., Asst. Attorney General.
DECISION and ORDER
Plaintiff, Jeff Smith, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated March 17, 2006, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendants' motion for summary judgment be granted, and that plaintiff's motion for partial summary judgment be denied. (Docket No. 51). The plaintiff has filed objections to the Report-Recommendation. (Docket No. 53).
Based upon a de novo determination of the portions of the report and recommendations to which the plaintiff has objected, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED;
2. Plaintiff's motion for partial summary judgment is DENIED. and
3. The complaint is DISMISSED in its entirety.
The Clerk is directed to enter judgment accordingly.
IT IS SO ORDERED.