Chaney v. Trachtenberg et al, No. 9:2015cv00653 - Document 115 (N.D.N.Y 2018)
Court Description: DECISION AND ORDER: Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 109 ) in its entirety. Defendants' motion for summary judgment (Dkt. No. 99 ) is DENIED. Signed by Senior Judge Thomas J. McAvoy on 9/7/18. {order served via regular mail and via certified mail on plaintiff}(nas, )
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Chaney v. Trachtenberg et al Doc. 115 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ NAKIA CHANEY, Plaintiff, v. 9:15-CV-653 (TJM/ATB) GREGORY M. VENA, et al., 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). In his Report-Recom mendation (Dkt. No. 109), Magistrate Judge Baxter recommends that Defendants' motion for summary judgment (Dkt. No. 99) be denied. Defendants file objections to this recommendation. Dkt. No. 112. Plaintiff opposes Defendants’ objections. Dkt. No. 113. II. STANDARD OF REVIEW When objections to a magistrate judge’s report and recommendation are lodged, the district court makes a “de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” See 28 U.S.C. § 636(b)(1); see also United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1 Dockets.Justia.com 1997) (The Court must make a de novo determination to the extent that a party makes specific objections to a magistrate’s findings.). III. DISCUSSION Having considered Defendants’ objections and having completed a de novo review of the issues raised by the objections, the Court has determined to adopt Magistrate Judge Baxter’s recommendations for the reasons stated in his thorough report. IV. CONCLUSION Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Baxter’s Report-Recommendation (Dkt. No. 109) in its entirety. Defendants’ motion for summary judgment (Dkt. No. 99) is DENIED. IT IS SO ORDERED. Dated:September 7, 2018 2
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