Garcia v. Furnia et al, No. 9:2012cv00924 - Document 39 (N.D.N.Y 2014)
Court Description: DECISION and ORDER: ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 35 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion for partial summary judgment (Dkt. No. 30 ) is GRANTED. ORDERED that Plaintiff's Eighth Amendment claim that he was denied adequate medical care by Defendants is DISMISSED. ORDERED that Pro Bono Counsel be appointed for the Plaintiff for purposes of trial only; any appeal shall remain the respon sibility of the plaintiff alone unless a motion for appointment of counsel for an appeal is granted. ORDERED that upon assignment of Pro Bono Counsel, a final pretrial conference with counsel will be scheduled in this action, at which time the Cou rt 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. Signed by Judge Glenn T. Suddaby on 9/19/14.{order served via regular mail on plaintiff} (nas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________ MICHAEL GARCIA, Plaintiff, 9:12-CV-0924 (GTS/ATB) v. R. FURNIA, Sgt.; Clinton Corr. Facility; and DOES, Corr. Officials, Clinton Corr. Facility, Defendants. _______________________________________ APPEARANCES: OF COUNSEL: MICHAEL GARCIA, No. 17182 Plaintiff, Pro Se Seneca County Sheriff s 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 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 2
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