Simpson v. Overbaugh et al, No. 9:2015cv00180 - Document 52 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 51 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that defendants' partial motion to dismiss (ECF No. 38 ) is GRANTED in its entirety. ORDERED, that all claims against defendants Annucci, Smith and Colvin are DISMISSED. ORDERED, plaintiff's due process claims against defendants Overbaugh and Oliver are DISMISSED. ORDE RED, that plaintiff's conspiracy claim is DISMISSED. ORDERED, that plaintiff's failure-to-intervene claims against defendants S. Owens, W. Owens, Nichols, Cuda and Klein are DISMISSED. ORDERED, that plaintiff's claims of verbal harassment against S. Owens, W. Owens, Cuda, Catina and unnamed or John Doe corrections officers are DISMISSED. Signed by Judge David N. Hurd on 11/23/15. (alh, )
Download PDF
<![CDATA[
Simpson v. Overbaugh et al Doc. 52 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------MICHAEL SIMPSON, Plaintiff, -v- No. 9:15-CV-0180 (DNH/CFH) LT. MICHAEL OVERBAUGH, et al., Defendants. -------------------------------APPEARANCES: OF COUNSEL: SUSSMAN & WATKINS Attorney for Plaintiff 145 Main Street, 2nd Floor Ossining, NY 10562 MICHAEL A. DEEM, ESQ. HON. ERIC T. SCHNEIDERMAN Attorney General of the State of New York Attorney for State Defendants The Capitol Albany, NY 12224 RYAN W. HICKEY, ESQ. Assistant Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Michael Simpson brought this civil rights action pursuant to 42 U.S.C. §§ 1983 and 1985(3). On September 28, 2015, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendants’ partial motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 38) be granted. No objections to the Report-Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Dockets.Justia.com Therefore, it is ORDERED that: 1. Defendants’ partial motion to dismiss (ECF No. 38) is GRANTED in its entirety1; 2. All claims against defendants Annucci, Smith and Colvin are DISMISSED; 3. Plaintiff’s due process claims against defendants Overbaugh and Oliver are DISMISSED; 4. Plaintiff’s conspiracy claim is DISMISSED; 5. Plaintiff’s failure-to-intervene claims against defendants S. Owens, W. Owens, Nichols, Cuda and Klein are DISMISSED; 6. Plaintiff’s claims of verbal harassment against S. Owens, W. Owens, Cuda, Catina and unnamed or John Doe corrections officers are DISMISSED; and it is further ordered that 7. The Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules. IT IS SO ORDERED. Dated: November 23, 2015 Utica, New York 1 The following claims remain: (i) the First Cause of Action (Excessive Force) against defendants Overbaugh, Catina, Nichols, W. Owens and John Does 1-25 and (ii) the Second Cause of Action (Failure to Intervene) against defendants Overbaugh, Catina, Oliver, Jane Doe, and John Does 1-25. -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
