Gray
Gray v. Hernandez
Opinion
Opinion
Miller, J.
ORDER ADOPTING REPORT AND RECOMMENDATIONS
Doc. Nos. 14 and
Plaintiff Gregory Lee Gray (“Plaintiff’), a state prisoner appearing pro se and in forma pauperis, initiated this action under 42 U.S.C. § 1983 on June 26, 2008, claiming his civil rights were violated in June 2007 when he was housed at R.J. Donovan State Prison. (Doc. No. 1, “Compl.”) Named defendants Hernandez, Marrero, Sterling, and Peterson, move to dismiss Plaintiffs Complaint pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). (Doc. No. 14, “Mot.”) Plaintiff filed an opposition to the motion. (Doc. No. 22.)
On May 13, 2009, Magistrate Judge Leo S. Papas issued a Report and Recommendations (Doc. No. 26, “R & R”) recommending this court GRANT in part and DENY in part the motion to dismiss. Plaintiff and Defendants each filed objections to the R & R. (Doc. No. 28, “PL Obj.”; Doc. No. 30, “Defs.’ Obj.”) Plaintiff also submitted a reply to Defendants’ objections. (Doc. No. 33, “PL Reply.”)
Having carefully considered the thorough and thoughtful R & R, the record before the court, Plaintiffs and Defendants’ objections, and the applicable authorities, the court wholly ADOPTS THE R&R.