Archie v. Fischer et al, No. 9:2012cv01050 - Document 51 (N.D.N.Y 2014)
Court Description: DECISION AND ORDER: ORDERED, that this Court adopts the 50 Report-Recommendation for the reasons stated therein. ORDERED, that Defendants' 44 Motion for Partial Summary Judgment, with respect to all of Plaintiff's remaining claims unde r 42 U.S.C. § 1983, except his May 1, 2012 excessive force claim, is GRANTED. ORDERED, that Defendants Rock, Fischer, King, Keating, McBath, Miller, Simmons, and John Doe, are DISMISSED from this action. ORDERED, that Defendants' 44 Mo tion for Partial Summary Judgment, with respect to Plaintiff's request for monetary relief for his surviving excessive force claim under 42 U.S.C. § 1983 against Defendants St. Mary, Grant, Gale, Derouchie, Winston, Mitcheodly, Rolfe, Eddy , Lamare, and Wood, in their official capacities, is GRANTED. ORDERED, that Plaintiff's surviving excessive force claim under 42 U.S.C. § 1983 against Defendants St. Mary, Grant, Gale, Derouchie, Winston, Mitcheodly, Rolfe, Eddy, Lamare, and Wood, in their individual capacities only, is deemed TRIAL READY. Signed by Senior Judge Thomas J. McAvoy on 7/23/14. (served via regular mail on plaintiff) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ---------------------------------NAKEEM ARCHIE, Plaintiff, v. 9:12-CV-1050 BRIAN FISCHER, Commissioner of Correctional Services, DEROUCHIE, Correctional Officer, EDDY, Sergeant, GALE, Correctional Officer, GRANT, Correctional Officer, KING, Correctional Officer, KOTING, Correctional Officer, S. LAMARE, Correctional Officer, McBETH, Correctional Officer, MILLER, Correctional Officer, MITCHEODLY, Correctional Officer, ROLFE, Correctional Officer, SIMMONS, Correctional Officer, ST. MARY, Correctional Officer, WINSTON, Correctional Officer, WOOD, Correctional Officer, JOHN DOE, Correctional Officer, SUPERINTENDENT OF UPSTATE CORRECTIONAL FACILITY, Defendants. ---------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER This pro se 42 U.S.C. § 1983 action was referred to the Hon. Randolph F. Treece, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b). No objections to the June 10, 2014 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein. It is, therefore, ORDERED that: (1) Defendants Motion for Partial Summary Judgment, with respect to all of Plaintiff s remaining claims under 42 U.S.C. § 1983, except his May 1, 2012 excessive force claim, is GRANTED; (2) Defendants Rock, Fischer, King, Keating, McBath, Miller, Simmons, and John Doe, are DISMISSED from this action; (3) Defendants Motion for Partial Summary Judgment, with respect to Plaintiff s request for monetary relief for his surviving excessive force claim under 42 U.S.C. § 1983 against Defendants St. Mary, Grant, Gale, Derouchie, Winston, Mitcheodly, Rolfe, Eddy, Lamare, and Wood, in their official capacities, is GRANTED; and (4) Plaintiff s surviving excessive force claim under 42 U.S.C. § 1983 against Defendants St. Mary, Grant, Gale, Derouchie, Winston, Mitcheodly, Rolfe, Eddy, Lamare, and Wood, in their individual capacities only, is deemed TRIAL READY. IT IS SO ORDERED. DATED: July 23 , 2014 -2-
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