Summary
noting that Jeffreys exception is most applicable where plaintiff's version of events is contradicted by defense testimony
Summary of this case from Orkins v. DumasOpinion
9:08-CV-0416.
December 30, 2009
PEDRO TORRES, 93-A-7585, Upstate Correctional Facility, Malone, NY, Plaintiff, pro se.
CHARLES J. QUACKENBUSH, ESQ., Assistant Attorney General, HON. ANDREW M. CUOMO, Attorney General for the State of New York, The Capitol, Albany, NY, Counsel for Defendants.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge George H. Lowe, duly filed on the 8th day of December 2009. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. The defendants' motion for summary judgment (Dkt. No. 18) is granted and the complaint is dismissed without prejudice to re-filing.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.