Cook v. Artus et al, No. 1:2015cv00272 - Document 49 (W.D.N.Y. 2019)

Court Description: DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's 36 Report and Recommendation. Defendant Marzec's 23 motion for summary judgment pursuant to Fed. R. Civ. P. 56 is denied. All parties shall file a brief statement on or before December 4, 2019 indicating whether the party favors mediation toward a possible pre-trial settlement by a Court-appointed mediator. A copy of the Decision and Order along with a copy of this docket entry have been mailed to Jermaine Cook, 06-A-1225, COXSACKIE CORRECTIONAL FACILITY, Box 999, West Coxsackie, NY 12051-0999. SO ORDERED. Signed by Hon. Richard J. Arcara on 11/4/2019. (LAS)

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Cook v. Artus et al Doc. 49 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK MR. JERMAINE COOK, Plaintiff, DECISION AND ORDER 15-CV-272-A v. SERGEANT DUNBAR, CORRECTION OFFICER VOSBURG, C.O. WEAVER, and M. MARZEC, RN, Defendants. This prisoner’s civil rights case filed by pro se plaintiff Jermaine Cook was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On March 26, 2019, Magistrate Judge Foschio filed a Report and Recommendation (Dkt. No. 36), recommending that defendant N. Marzec’s motion pursuant to Fed. R. Civ. P. 56 for summary judgment (Dkt. No. 23) be denied. On April 9, 2019, defendant Marzec filed objections to the Report and Recommendation. Dkt. No. 37; see also Dkt. No. 38. Pro se plaintiff filed a response on August 19, 2019 (Dkt. No. 46), and defendant Marzec filed a reply on October 11, 2019. Dkt. No. 48. The matter was deemed submitted. Pursuant to 28 U.S.C. §636(b)(1), the Court makes a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon de novo review, and for the reasons stated in the Report and Dockets.Justia.com Recommendation, the Court adopts the conclusion in the Report and Recommendation, and it is hereby ORDERED that defendant Marzec’s motion pursuant to Fed. R. Civ. P. 56 for summary judgment (Dkt. No. 23) is denied, and it is further ORDERED that all parties shall confer and shall each file a brief statement on or before December 4, 2019 indicating whether the party favors mediation toward a possible pre-trial settlement by a Court-appointed mediator. IT IS SO ORDERED. __s/Richard J. Arcara________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: November 4, 2019 2

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