Smith v. Rosati et al, No. 9:2010cv01502 - Document 94 (N.D.N.Y 2013)
Court Description: DECISION and ORDER: ORDERED that 91 Report and Recommendation is accepted.ORDERED that 79 Motion for Partial Summary Judgment is GRANTED in part and DENIED in part; and All claims against all defendants are DISMISSED with the exception of tho se asserted against defendants Rosati and St. John; the failure to intervene claim against defendant Fraser; and the First Amendment retaliation claim against defendant Goodman. Signed by Judge David N. Hurd on 4/10/13. {order served via regular mail on plaintiff}(nas )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------TROY SMITH, Plaintiff, -v- No. 9:10-CV-1502 (DNH/DEP) 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: OF COUNSEL: TROY SMITH Plaintiff Pro Se 02-A-6432 Elmira Correctional Facility P.O. Box 500 Elmira, NY 14902 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 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 ReportRecommendation. 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;1 the failure to intervene claim against defendant Fraser; and the First Amendment retaliation claim against defendant Goodman. IT IS SO ORDERED. Dated: April 10, 2013 Utica, New York. 1 Defendants did not move for dismissal of the excessive force claim asserted against defendants Rosati and St. John. -2-
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