Opinion
No. 9:10-CV-1502 (DNH/DEP)
04-10-2013
TROY SMITH, Plaintiff, v. C. ROSATI, Correctional Officer, Great Meadow Correctional Facility; C. ST. JOHN, Correctional Officer, Great Meadow Correctional Facility; BRIAN FISCHER, Commissioner of Corrections; ANTHONY J. ANNUCCI, Chief Counsel, Deputy Commissioner; LUCIEN LECLAIRE, JR.; RICHARD ROY, Inpsector General; C. FRASER, Sgt, Great Meadow Correctional Facility; GOODMAN, Lt., Great Meadow Correctional Facility; HARVEY, Commissioner's Hearing Officer; C.O. TORRES, Counselor, Great Meadow Correctional Facility; TED NESMITH, Physician Assistant; NURSE DAVID LINDEMANN, Registered Nurse, Great Meadow Correctional Facility; B. MARS, Laundry Supervisor, Great Meadow Correctional Facility; PAUL ZARNETSKI, Lt., Great Meadow Correctional Facility; and ALBERT PRACK, SHU Director, DOCCS, Defendants.
APPEARANCES: TROY SMITH Plaintiff Pro Se HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants OF COUNSEL: MICHAEL G. McCARTIN,, ESQ. Ass't Attorney General
APPEARANCES: TROY SMITH
Plaintiff Pro Se
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
OF COUNSEL: MICHAEL G. McCARTIN,, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 20, 2013, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-Recommendation that defendants' motion for partial summary judgment be granted in part and denied in part. Defendant Fraser timely filed objections to the Report-Recommendation.
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 partial summary judgment is GRANTED in part and DENIED in part; and
2. All claims against all defendants are DISMISSED with the exception of those asserted against defendants Rosati and St. John; the failure to intervene claim against defendant Fraser; and the First Amendment retaliation claim against defendant Goodman.
Defendants did not move for dismissal of the excessive force claim asserted against defendants Rosati and St. John.
IT IS SO ORDERED. Dated: April 10, 2013
Utica, New York.
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United States District Judge