Mosley v. Woodruff, et al, No. 9:2011cv01490 - Document 34 (N.D.N.Y 2013)
Court Description: DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 32 ) is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED, that Defendants' motion for summary judgment (Dkt No. 23 ) is GRANTED as follows: Plaintiff's deliberate medical indifference claim against defendants Matott, Fessette, Guynup, and LeClair are DISMISSED; Plaintiff's due process claim against defendant Woodruff is DISMISSED; Plaintiff's claims against all defendants in their offici al capacities are DISMISSED. ORDERED, that Defendants' motion for summary judgment (Dkt. No. 23 ) is DENIED as to plaintiff's excessive force claim against defendant LeClair and DENIED as to plaintiff's failure to protect claim aga inst defendants Matott, Fessette, and Guynup. ORDERED, that Defendant John Doe is DISMISSED from this action as a result of plaintiff's failure to timely identify and serve him. Signed by Judge David N. Hurd on 9/23/13. (served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------TYSHAUN MOSLEY, Plaintiff, No. 9:11-cv-1490 -vP. WOODLY,1 Correction Captain, Clinton Correctional Facility; K. MATTOT,2 Correction Sergeant, Clinton Correctional Facility; P. FESSETTE, Correction Sergeant, Clinton Correctional Facility; M. GUYNUP, Correction Sergeant, Clinton Correctional Facility; W. LECLAIR, Correction Officer, Clinton Correctional Facility; JOHN DOE, Correction Officer, Clinton Correctional Facility, Defendants. -------------------------------APPEARANCES: OF COUNSEL: TYSHAUN MOSLEY Pro Se Plaintiff 09-A-1628 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 ROGER W. KINSEY, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge 1 The correct spelling of this defendant s name is "Woodruff" and he will be referred to as such. The Clerk is directed to amend the caption accordingly. 2 The correct spelling of this defendant's name is "Matott" and he will be referred to as such. The Clerk is directed to amend the caption accordingly. DECISION and ORDER Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On August 29, 2013, the Honorable Randolph F. Treece, United States Magistrate Judge, advised by ReportRecommendation that defendants' motion for summary judgment be granted in part and denied in part. No objections to the Report-Recommendation were 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 as follows: 2. Plaintiff's deliberate medical indifference claim against defendants Matott, Fessette, Guynup, and LeClair are DISMISSED; 3. Plaintiff's due process claim against defendant Woodruff is DISMISSED; 4. Plaintiff's claims against all defendants in their official capacities are DISMISSED; 5. Defendants' motion for summary judgment is DENIED as to plaintiff's excessive force claim against defendant LeClair and DENIED as to plaintiff's failure to protect claim against defendants Matott, Fessette, and Guynup; and 6. Defendant John Doe is DISMISSED from this action as a result of plaintiff's failure to timely identify and serve him. -2- The Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules. IT IS SO ORDERED. Dated: September 23, 2013 Utica, New York. -3-
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