Opinion
No. 10-CV-196
04-08-2013
DAVID R. RODRIGUEZ, Plaintiff, v. MR. SWEENY, Sergeant, Barehill Correctional Facility; MR. WALKER, Sergeant, Barehill Correctional Facility; MR. BELLROSE, C.O., Barehill Correctional Facility; and MR. RADNODE, C.O., Barehill Correctional Facility, Defendants.
DAVID R. RODRIGUEZ Plaintiff Pro Se Auburn Correctional Facility Auburn, NY 13021 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants OF COUNSEL: DAVID L. COCHRAN, ESQ. Ass't Attorney General
APPEARANCES: DAVID R. RODRIGUEZ
Plaintiff Pro Se
Auburn Correctional Facility
Auburn, NY 13021
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
OF COUNSEL: DAVID L. COCHRAN, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
This is plaintiff's last known address. Mail sent to plaintiff at this address was returned undeliverable on July 30, 2012, and again on September 7, 2012. ECF Nos. 59, 61.
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 10, 2012, the Honorable David R. Homer, United States Magistrate Judge, advised, by Report-Recommendation that defendants' unopposed motion for summary judgment for failure to exhaust administrative remedies be granted in part and denied in part. Defendants timely filed objections to the Report-Recommendation.
On September 4, 2012, this case was reassigned to United States Magistrate Judge Christian F. Hummel. ECF No. 60.
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Based upon a de novo review, the Report-Recommendation is accepted. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion for summary judgment is DENIED as to Rodriguez' claims regarding the assault, failure to protect, failure to provide medical treatment, and subsequent retaliatory threats and harassment at Bare Hill Correctional Facility; and
2. Defendants' motion for summary judgment is GRANTED with respect to the third, formal grievance regarding the retaliatory threats and harassment at Clinton Correctional Facility and that claim is DISMISSED.
IT IS SO ORDERED.
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United States District Judge
Dated: April 8, 2013
Utica, New York.