Citation Codes Equivalent Citations citation codes Docket Number No. 03 Civ. 0828 (LAK). Motions Motion for summary judgment : Granted Judges Lewis A. Kaplan See more information ... Smart Summary Please sign up to generate summary. LUIS MUNOZ, Plaintiff, v. [DOMINICK] MARTINEZ, CAPT #1218, et al., Defendants. ORDER LEWIS KAPLAN, District Judge For the reasons set forth in the report and recommendation of Magistrate Judge Eaton, defendant Melendez's motion for summary judgment dismissing the complaint as to him is granted. The action is dismissed as against defendants Dominick Martinez (sued herein as Martinez, Capt #1218) and Bret Moleta (sued herein as B. Muleta, CO #14851) for failure to effect service of process. See Fed.R.Civ.P. 4(m). The Clerk shall close the case. SO ORDERED.