Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

SAMUEL CABASSA, Plaintiff, v. CRAIG GUMMERSON, Corrections Captain, Auburn Correctional Facility; DONALD SELSKY, Assistant Deputy Commissioner/Director of Special Housing/Disciplinary Program; ANTHONY GRACEFFO, Chief Medical Doctor, Auburn Correctional Facility; GLENN S. GOORD; HANS WALKER; GARY HODGES; D.W. SEITZ; TERRY A. HALCOTT; CHRISTINE COYNE; NANCY O'CONNOR; ANN DRISCOLL; JOHN McCLELLEN; JOHN ROURKE, Captain Security Ser

ORDER

DAVID HURD, District Judge

Plaintiff, Samuel Cabassa, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated March 30, 2006, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendants' motion for summary judgment be denied to the extent it seeks dismissal of (1) the claims asserted against defendants Walker and Seitz in the Fourth Cause of Action of plaintiff's Fourth Amended Complaint; and (2) the claims asserted against defendants Walker, Gummerson, and Seitz in the Fifth Cause of Action of Plaintiff's Fourth Amended Complaint, but that defendants' motion be granted in all other respects. Objections to the Report Recommendation have been filed by all parties.

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

Accordingly, it is

ORDERED that

1. The objections to the Report Recommendation are REJECTED;

2. The defendants' motion for summary judgment is DENIED to the extent it seeks dismissal of:

a. The claims asserted against defendants Walker and Seitz in the Fourth Cause of Action of plaintiff's Fourth Amended Complaint; and

b. The claims asserted against defendants Walker, Gummerson, and Seitz in the Fifth Cause of Action of Plaintiff's Fourth Amended Complaint;

3. The defendants' motion is GRANTED in all other respects; and

4. The remaining claims in plaintiff's Fourth Amended Complaint are DISMISSED.

IT IS SO ORDERED.

Use AI to get other relevant cases.

Comments

CABASSA v. GUMMERSON
(Jun 1, 2006)