Ordonez v. Beatty et al, No. 9:2015cv01198 - Document 43 (N.D.N.Y 2017)
Court Description: DECISION AND ORDER: The 42 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that 1. Defendants' 34 motion for summary judgment is GRANTED in part and DENIED in part; 2. Defendants' motion for summ ary judgment on plaintiff's equal protection and racial discrimination claims against defendants Beatty and Lowery is GRANTED and those claims are DISMISSED; 3. Defendants' motion for summary judgment on plaintiff's Eighth Amendment conditions of confinement claim is DENIED and that claim remains for trial; 4. The following claim remains for trial: Eighth Amendment conditions of confinement claim asserted against defendants Beatty, Leduke, Bascue, Lowery, and Miller; 5. Trial in this matter is scheduled for March 12, 2018 in Utica, New York; and 6. Pro bono trial counsel be appointed for plaintiff. Signed by Judge David N. Hurd on 9/27/17. (served on plaintiff by regular mail with consent form ) (alh, )
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Ordonez v. Beatty et al Doc. 43 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ANGEL ORDONEZ, Plaintiff, -v- 9:15-CV-1198 (DNH/DEP) JOSEPH BEATTY, Correctional Officer, Great Meadow Correctional Facility; CLARENCE LEDUKE, Correctional Officer, Great Meadow Correctional Facility; CHRISTOPHER BASCUE, Correctional Sergeant, Great Meadow Correctional Facility; SERGEANT LOWERY, Correctional Sergeant, Great Meadow Correctional Facility; and CHRISTOPHER MILLER, Superintendent, Great Meadow Correctional Facility, Defendants. -------------------------------APPEARANCES: OF COUNSEL: ANGEL ORDONEZ Plaintiff pro se 349-170-4675 AMKC 18-18 Hazen Street East Elmhurst, NY 11370 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 BRIAN W. MATULA, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge Dockets.Justia.com DECISION and ORDER Pro se plaintiff Angel Ordonez brought this civil rights action pursuant to 42 U.S.C. § 1983. On August 22, 2017, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted in part and denied in part. Magistrate Judge Peebles recommended that plaintiff's equal protection and racial discrimination claims against defendants Beatty and Lowery be dismissed but that plaintiff's Eighth Amendment conditions of confinement claim against defendants Beatty, Leduke, Bascue, Lowery, and Miller proceed to trial. No objections to the Report-Recommendation were filed. Based upon a careful review of the Report-Recommendation, the ReportRecommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' motion for summary judgment is GRANTED in part and DENIED in part; 2. Defendants' motion for summary judgment on plaintiff's equal protection and racial discrimination claims against defendants Beatty and Lowery is GRANTED and those claims are DISMISSED; 3. Defendants' motion for summary judgment on plaintiff's Eighth Amendment conditions of confinement claim is DENIED and that claim remains for trial; 4. The following claim remains for trial: Eighth Amendment conditions of confinement claim asserted against defendants Beatty, Leduke, Bascue, Lowery, and Miller; -2- 5. Trial in this matter is scheduled for March 12, 2018 in Utica, New York1; and 6. Pro bono trial counsel be appointed f or plaintiff. IT IS SO ORDERED. Dated: September 27, 2017 Utica, New York. 1 The parties are encouraged to consent to a jury trial before Magistrate Judge Peebles who is very familiar with this case. The Clerk is directed to send a consent form to the parties to be completed, if possible, and returned to the Clerk on or before November 1, 2017. -3-
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