Summary
holding that Plaintifffs allegation that he was denied outdoor exercise "randomly" over a period of three months on the basis of "inclement weather" was insufficient to state an Eighth Amendment claim, particularly where Plaintiff failed to allege physical harm and failed to "set out at least an approximate number of times he was denied outdoor exercise"
Summary of this case from McKinney v. CucinellaOpinion
Civil Action No. 06-865.
September 27, 2007
MEMORANDUM ORDER
William L. Wright's ("Wright" or "the Plaintiff") Complaint filed pursuant to 42 U.S.C. § 1983 was received by the Clerk of Court on June 29, 2006, and was referred to United States Magistrate Judge Francis X. Caiazza for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Magistrate Judge's Report, filed on August 17, 2007, recommended that Defendants' Motion to Dismiss (Doc. 56) be granted in part and denied in part. The parties were allowed ten days from the date of service to file objections, and the Magistrate Judge extended the objections period to September 17, 2007, after Wright sought an extension of time. Wright then appealed that order seeking a further extension of time, and the Court denied the appeal (Doc. 64) The Plaintiff has not filed objections to date.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following ORDER is entered:
IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (Doc. 56) is GRANTED IN PART AND DENIED IN PART, as set forth more fully in the Magistrate Judge's Report and Recommendation. The Report and Recommendation of Magistrate Judge Caiazza, (Doc. 60), dated August 17, 2007, is adopted as the opinion of the court.