Summary
finding no sufficiently serious medical need where the plaintiff suffered from " body soreness; a black eye; scrapes and minor contusions; a headache; a loose tooth; a 'wobbly' knee; and blurriness in one eye"
Summary of this case from Armand v. SimonsonOpinion
9:12-CV-0924 (GTS/ATB)
09-19-2014
MICHAEL GARCIA, Plaintiff, v. R. FURNIA, Sgt.; Clinton Corr. Facility; and DOES, Corr. Officials, Clinton Corr. Facility, Defendants.
APPEARANCES: MICHAEL GARCIA, No. 17182 Plaintiff, Pro Se Seneca County Sheriffs Office 6190 State Route 96 Romulus, New York 14541 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Counsel for Defendants The Capitol Albany, New York 12224 OF COUNSEL: ADRIENNE J. KERWIN, ESQ. Assistant Attorney General
APPEARANCES: MICHAEL GARCIA, No. 17182
Plaintiff, Pro Se
Seneca County Sheriffs Office
6190 State Route 96
Romulus, New York 14541
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Counsel for Defendants
The Capitol
Albany, New York 12224
OF COUNSEL: ADRIENNE J. KERWIN, ESQ.
Assistant Attorney General
GLENN T. SUDDABY, United States District Judge DECISION and ORDER
Currently before the Court, in this pro se prisoner civil rights action filed by Michael Garcia ("Plaintiff") against the above-captioned individuals ("Defendants"), are Defendants' unopposed motion for partial summary judgment, and United States Magistrate Judge Andrew T. Baxter's Report-Recommendation recommending that Defendants' motion be granted. (Dkt. Nos. 30, 35.) Plaintiff has not filed an Objection to the Report-Recommendation (despite the extension of the deadline by which to do so). (See generally Docket Sheet.) After carefully reviewing the relevant filings in this action, the Court can find no clear error in the Report- Recommendation: Magistrate Judge Baxter employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 35.)
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 35) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Defendants' motion for partial summary judgment (Dkt. No. 30) is GRANTED; and it is further
ORDERED that Plaintiff's Eighth Amendment claim that he was denied adequate medical care by Defendants is DISMISSED; and it is further
ORDERED that Pro Bono Counsel be appointed for the Plaintiff for purposes of trial only; any appeal shall remain the responsibility of the plaintiff alone unless a motion for appointment of counsel for an appeal is granted; and it is further
ORDERED that upon assignment of Pro Bono Counsel, a final pretrial conference with counsel will be scheduled in this action, at which time the Court will schedule a jury trial for Plaintiff's Eighth Amendment claims of excessive force against Defendant Furnia. Counsel are directed to appear at the final pretrial conference with settlement authority from the parties. Dated: September 19, 2014
Syracuse, New York
/s/________
Hon. Glenn T. Suddaby
U.S. District Judge