Gerena v. New York State Department of Corrections and Community Supervision et al, No. 9:2013cv00953 - Document 41 (N.D.N.Y 2015)

Court Description: DECISION and ORDER: ORDERED that 39 Report and Recommendation is accepted and adopted in all respects. ORDERED that 24 Motion for Summary Judgment is denied. Signed by Judge David N. Hurd on 2/6/15. {order served via regular mail on plaintiff}(nas)

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Gerena v. New York State Department of Corrections and Community Supervision et al Doc. 41 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------CHARLES W. GERENA, Plaintiff, No. 9:13-CV-953 (DNH/ATB) -vNICK PEZDEK, DOCCS employee; WARREN MASON, DOCCS employee; JOHN DOES, Utica Police Department, "Operation Impact Detail"; and JOHN DOES, DOCCS employees, Defendants. -------------------------------APPEARANCES: OF COUNSEL: CHARLES W. GERENA Plaintiff pro se 64555 CNY PC P.O. Box 300 Marcy, NY 13403 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants Pezdek and Mason 615 Erie Boulevard West Suite 102 Syracuse, NY 13204 TIMOTHY P. MULVEY, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Charles W. Gerena brought this civil rights action pursuant to 42 U.S.C. § 1983. On January 15, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants Pezdek and Mason's converted Dockets.Justia.com motion for summary judgment be denied. Plaintiff timely filed objections to part of the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants Pezdek and Mason's converted motion for summary judgment is DENIED; and 2. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. IT IS SO ORDERED. Dated: February 6, 2015 Utica, New York. -2-

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