Engles v. Bennett et al, No. 9:2014cv01214 - Document 88 (N.D.N.Y 2017)

Court Description: DECISION AND ORDER: ORDERED that the Court ADOPTS the Report-Recommendation [dkt. # 87 ] for the reasons stated therein. The defendants' motion for summary judgment [dkt. # 33 ] is GRANTED in part and DENIED in part. The motion is denied wit h respect to the excessive force claim as against defendant Bennett, and granted in all other respects. The complaint is dismissed in its entirety as against defendant Dougherty. Signed by Senior Judge Thomas J. McAvoy on 3/30/17. {order served via regular mail on plaintiff}(nas)

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Engles v. Bennett et al Doc. 88 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ JESSIE ENGLES, Plaintiff, v. 9:14-CV-1214 CHRIS BENNETT and BRIAN DOUGHERTY, Defendants. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge Baxter’s March 9, 2017 Report-Recommendation [dkt. # 87] have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, this Court has determined that the Report- Recommendation is not subject to attack for plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ADOPTS the Report-Recommendation [dkt. # 87] for the 1 Dockets.Justia.com reasons stated therein. The defendants’ motion for summary judgment [dkt. # 33] is GRANTED in part and DENIED in part. The motion is denied with respect to the excessive force claim as against defendant Bennett, and granted in all other respects. The complaint is dismissed in its entirety as against defendant Dougherty. IT IS SO ORDERED. Dated:March 30, 2017 2

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