Opinion
9:15-CV-497 (DNH/TWD)
02-12-2019
AKEEM ULMER, Plaintiff, v. CORRECTIONAL OFFICER DIBBLE, Franklin Correctional Facility; and SERGEANT BEDORE, Defendants.
APPEARANCES: AKEEM ULMER Plaintiff pro se 2171 Madison Avenue 4B New York, NY 10037 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 CHRISTOPHER J. HUMMEL, ESQ. Ass't Attorney General
APPEARANCES: AKEEM ULMER
Plaintiff pro se
2171 Madison Avenue 4B
New York, NY 10037 HON. LETITIA JAMES
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224 CHRISTOPHER J. HUMMEL, ESQ.
Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Akeem Ulmer brought this civil rights action pursuant to 42 U.S.C. § 1983. On November 13, 2018, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that defendants' second summary judgment motion, unopposed by plaintiff, be granted and that plaintiff's third amended complaint be dismissed. No objections to the Report-Recommendation have been filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants Dibble and Bedore's motion for summary judgment is GRANTED WITHOUT PREJUDICE as to plaintiff's failure to exhaust administrative remedies on his Eighth Amendment excessive force and failure to intervene claims;
2. Defendant Bedore's motion for summary judgment on plaintiff's Eighth Amendment claim for excessive force and failure to intervene is GRANTED WITH PREJUDICE;
3. The action is DISMISSED WITHOUT PREJUDICE against all of the Doe defendants; and
4. Plaintiff's third amended complaint is DISMISSED in its entirety.
The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: February 12, 2019
Utica, New York.