Davis v. NYS Dept. of Corrections, No. 6:2010cv06641 - Document 36 (W.D.N.Y. 2014)

Court Description: ORDER granting in part and denying in part 26 Motion for Summary Judgment; resolving 33 Motion for Summary Judgment. Defendant's motion for summary judgment is denied as to Plaintiff's claim for retaliation and granted in all other r espects. Plaintiff's cross-motion for summary judgment is deemed an opposition to Defendant's motion. Plaintiff's request to reopen discovery and subpoena Jeanine Fitz is denied. Plaintiff's request for appointment of counsel is denied without prejudice. Signed by Hon. Elizabeth A. Wolford on 09/12/2014. (CDH)