Toliver v. N.Y.C. Department of Correction et al
| Michel Toliver |
| N.Y.C. Department of Correction, Commissioner of D.O.C. N.Y.C., Chief of the Department, Warden of North Infirmary Commad, Dept. of Corrections Captain and Dept.of Corrections Officer Bond |
| 1:2010cv05804 |
| August 2, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Alvin K. Hellerstein |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
76
ORDER ADOPTING REPORT AND RECOMMENDATION: I have reviewed the Report and Recommendation of the Hon. James C. Francis IV, United States Magistrate Judge, the parties' filings on Defendants' summary judgment motion, and the objections of Plai ntiff, sworn and filed October 17, 2012. After independent review, I adopt Judge Francis's Report. Accordingly, Defendants' motion for summary judgment is granted as to Defendants DOC, the Commissioner, the Chief, and the Warden, and the c laims against Officer Bond and Captain Roberts are dismissed without prejudice. I also decline to exercise supplemental jurisdiction over any state law claims Plaintiff might be deemed to have raised. The Clerk shall terminate the motion (Doc. No. 50) and mark the case closed. (Signed by Judge Alvin K. Hellerstein on 11/5/2012) (pl) Modified on 11/7/2012 (pl).
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