Williams v. Schultz

Full title: LARRY WILLIAMS, Plaintiff, v. DON SCHULTZ, Police Department Officer…

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

Date published: Oct 16, 2008

9:06-CV-1104 (N.D.N.Y. Oct. 16, 2008)

Opinion

9:06-CV-1104.

October 16, 2008

LARRY WILLIAMS, Plaintiff, Pro Se, Syracuse, NY.

CORPORATION COUNSEL, MARY ANNE DOHERTY, ESQ., City of Syracuse, Attorney for Defendant, City Hall, Syracuse, NY.

ORDER

DAVID HURD, District Judge

Plaintiff, Larry Williams, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated September 22, 2008, the Honorable George H. Lowe, United States Magistrate Judge, recommended that plaintiff's motion for summary judgment (Docket No. 25) be denied, and that his equal protection claim be sua sponte dismissed; and that defendant's cross-motion for summary judgment be granted; and that plaintiff's false arrest and false imprisonment claims be dismissed. The plaintiff has filed timely objections to the Report Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Plaintiff's motion for summary judgment is DENIED;

2. Plaintiff's equal protection claim is DISMISSED;

3. Defendant's cross-motion for summary judgment is GRANTED;

4. Plaintiff's false arrest and false imprisonment claims are DISMISSED; and

5. The complaint is DISMISSED.

The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.