Lang v. Maciol et al, No. 9:2018cv00506 - Document 31 (N.D.N.Y 2018)

Court Description: DECISION AND ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Peebles, dkt. # 29 , is hereby ACCEPTED and ADOPTED. Defendants motion to dismiss, dkt. # 18 , is hereby GRANTED IN PART and DENIED IN PART, as follows: 1. The motio n is GRANTED with respect to Plaintiffs excessive force claims brought pursuant to the Fourth Amendment; 2. The motion is GRANTED with respect to all claims brought against the County of Oneida; and 3. The motion is DENIED in all other respects. Signed by Senior Judge Thomas J. McAvoy on 11/20/2018. (Order served on plaintiff via certified and regular mail). (rar, )

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Lang v. Maciol et al Doc. 31 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ TRAVIS J. LANG, Plaintiff, vs. 9:18-CV-506 (TJM/DEP) LISA ZUREK, et al., Defendants. ___________________________________________ Thomas J. McAvoy, Sr. U.S. District Judge DECISION & ORDER The Court referred this 42 U.S.C. § 1983 case, which alleges violations of Plaintiff’s constitutional rights during his incarceration, to the Hon. David E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). The October 17, 2018, Report-Recommendation, dkt. # 29, recommends that the Court grant in part and deny in part Defendants’ motion to dismiss. No party objected to the Report-Recommendation, and the time for such objections has passed. After examining the record, this Court has determined that the ReportRecommendation is not subject to attack for plain error or manifest injustice and the Court will accept and adopt the Report-Recommendation.. Accordingly, The Report-Recommendation of Magistrate Judge Peebles, dkt. # 29, is hereby 1 Dockets.Justia.com ACCEPTED and ADOPTED. Defendants’ motion to dismiss, dkt. # 18, is hereby GRANTED IN PART and DENIED IN PART, as follows: 1. The motion is GRANTED with respect to Plaintif’s excessive force claims brought pursuant to the Fourth Amendment; 2. The motion is GRANTED with respect to all claims brought against the County of Oneida; and 3. The motion is DENIED in all other respects. IT IS SO ORDERED. Dated:November 20, 2018 2

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