Fredericks v. Borden et al, No. 9:2017cv00015 - Document 78 (N.D.N.Y 2019)
Court Description: DECISION AND ORDER: ORDERED that based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 71 Report- Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that Defendants' [ 47] motion for summary judgment is GRANTED in part and DENIED in part. ORDERED that Defendants' motion for summary judgment as to the claim against defendant R. Oliveira is GRANTED and the Second Amended Complaint is DISMISSED as against him. ORDERED that Defendants' motion for summary judgment as to the claim against defendant B. Borden is DENIED. ORDERED that trial on plaintiff's remaining Eighth Amendment excessive force claim against defendant B. Borden is scheduled for February 10, 2020 in Utica, New York. ORDERED that Plaintiff is directed to contact the Court within thirty (30) days of the date of this Decision and Order with any request for the appointment of pro bono counsel. Signed by Judge David N. Hurd on 9/30/19. {order served via regular mail on plaintiff}(nas )
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Fredericks v. Borden et al Doc. 78 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------NIGEL FREDERICKS, Plaintiff, -v- 9:17-CV-15 (DNH/DJS) B. BORDEN, Correction Officer, Franklin Correctional Facility and R. OLIVEIRA, Defendants. -------------------------------APPEARANCES: OF COUNSEL: NIGEL FREDERICKS Plaintiff pro se 1411904251 George R. Vierno Center 09-09 Hazen Street East Elmhurst, NY 11370 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 HELENA O. PEDERSON, ESQ. ADRIENNE J. KERWIN, ESQ. Ass't Attorneys General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Nigel Fredericks brought this civil rights action pursuant to 42 U.S.C. § 1983. On August 6, 2019, the Honorable Daniel J. Stewart, United States Magistrate Dockets.Justia.com Judge, advised by Report-Recommendation that defendants' unopposed 1 motion for summary judgment be granted in part and denied in part. No objections to the ReportRecommendation have been 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). 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 as to the claim against defendant R. Oliveira is GRANTED and the Second Amended Complaint is DISMISSED as against him; 3. Defendants' motion for summary judgment as to the claim against defendant B. Borden is DENIED; 4. Trial on plaintiff's remaining Eighth Amendment excessive force claim against defendant B. Borden is scheduled for February 10, 2020 in Utica, New York; and 5. Plaintiff is directed to contact the Court within thirty (30) days of the date of this Decision and Order with any request for the appointment of pro bono counsel. 1 Despite numerous extensions of time granted sua sponte by the Court, plaintiff has not filed any opposition to the motion. -2- Dated: September 30, 2019 Utica, New York. -3-
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