Opinion
9:13-CV-1271 (DNH/TWD)
03-19-2018
ERIC CASEY, Plaintiff, v. M. BROCKLEY, Correctional Officer, Great Meadow Correctional Facility; H. COLVIN, Correctional Officer, Great Meadow Correctional Facility; A. MAYO, Correctional Officer, Great Meadow Correctional Facility; C. GOODRICH, Correctional Officer, Great Meadow Correctional Facility; WANNINGER, Correctional Officer, Great Meadow Correctional Facility; H. CLAPPER, Registered Nurse, Great Meadow Correctional Facility; T. HERMANCE, Registered Nurse, Great Meadow Correctional Facility; BOYCE, Registered Nurse, Great Meadow Correctional Facility; and S. RACETTE, Superintendent, Great Meadow Correctional Facility, Defendants.
APPEARANCES: ERIC CASEY Plaintiff pro se 25 West 132nd Street - Apt. 5J New York, NY 10037 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 BRIAN W. MATULA, ESQ. Ass't Attorney General
APPEARANCES: ERIC CASEY
Plaintiff pro se
25 West 132nd Street - Apt. 5J
New York, NY 10037 HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224 BRIAN W. MATULA, ESQ.
Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Eric Casey brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 16, 2018, the Honorable Therese Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted in part and denied in part. Magistrate Judge Dancks recommended that summary judgment be granted as to defendants Racette, Clapper, Boyce, and Hermance and those defendants dismissed and denied as to defendants Brockley, Colvin, Mayo, Goodrich, and Wanniger. Plaintiff filed timely objections to the Report-Recommendation.
Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED in part and plaintiff's complaint is DISMISSED as against defendants Racette, Clapper, Boyce, and Hermance;
2. Defendants' motion for summary judgment is DENIED as to defendants Brockley, Colvin, Mayo, Goodrich, and Wanniger and those claims remain; and
3. Trial on the remaining claims is scheduled for August 13, 2018, in Utica, New York.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: March 19, 2018
Utica, New York.