Stamps-Bey v. Thomas

OPINION

SWEET, District Judge.

Defendants Dale Thomas (“Thomas”), Leonard W. Graves (“Graves”), W. Stephen Harrison (“Harrison”) and John Sanders (“Sanders”), officials at the Metropolitan Correctional Center (“MCC”) in New York, have moved pursuant to Fed.R.Civ.P. 12(b)(6) and 56 for an order dismissing the amended complaint of plaintiff Reginald D. Stamps-Bey (“Stamps-Bey”) for failure to state a claim upon which relief can be granted or, in the alternative, for summary judgment. Stamps-Bey has cross-moved for partial summary judgment. Stamps-Bey’s motion is denied and the defendants’ motion…