Little v. Soulia et al, No. 9:2019cv00263 - Document 83 (N.D.N.Y 2021)

Court Description: DECISION AND ORDER: ORDERED that the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 80 ) for the reasons stated therein. Therefore, it is hereby ORDERED that Defendants' motion for summary judgment (Dkt. No. 66 ) is G RANTED in part and DENIED in part. The motion is granted in that the following claims are DISMISSED: (1) Plaintiff's Eighth Amendment deliberate medical indifference claims against Bleau; (2) Plaintiff's First Amendment free exercise claim against Deyo; and (3) Plaintiff's equal protection claims. The motion is DENIED in all further respects. The Clerk may terminate Defendant Bleau from this action. Signed by Senior Judge Thomas J. McAvoy on October 2, 2021. {order served via regular mai on plaintiff}(nas)

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Little v. Soulia et al Doc. 83 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ CHARLES LITTLE also known as Clifton Little, also known as Clifton X, Plaintiff, 9:19-CV-0263 v. TREVAR A. SOULIA, et al., Defendants. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION and ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Thérèse W. Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). In her June 16, 2021 ReportRecommendation and Order, Judge Dancks recommends that Defendants' motion for summary judgment (Dkt. No. 66) be granted in part with respect to the following claims: (1) Plaintiff's Eighth Amendment deliberate medical indifference claims against Bleau; (2) Plaintiff's First Amendment free exercise claim against Deyo; and (3) Plaintiff's equal protection claims, and that the motion be denied in all further respects. See Rep.-Rec. & Ord, Dkt. No. 80, at 42-43. No objections to the recom mendations have been filed, and the time to do so has expired. 1 Dockets.Justia.com II. DISCUSSION After examining the record, this Court has determined that the Report- Recommendation and Order is not subject to attack f or plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 80) for the reasons stated therein. Therefore, it is hereby ORDERED that Defendants' motion for summary judgment (Dkt. No. 66) is GRANTED in part and DENIED in part. The motion is granted in that the following claims are DISMISSED: (1) Plaintiff's Eighth Amendment deliberate medical indifference claims against Bleau; (2) Plaintiff's First Amendment free exercise claim against Deyo; and (3) Plaintiff's equal protection claims. The motion is DENIED in all further respects. The Clerk may terminate Defendant Bleau from this action. IT IS SO ORDERED. Dated: October 2, 2021 2

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