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Jacoby v. Phelix

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


May 6, 2010

BRENT JACOBY, PLAINTIFF,
v.
CPT. PHELIX; GATES, SGT.; AND ERIC COUPAL, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Plaintiff, Brent Jacoby, commenced this civil rights action in August 2007, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated March 31, 2010, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that defendants' motion for summary judgment be granted in part and the complaint dismissed in its entirety as to defendants Phelix and Gates; and further recommended that defendants' summary judgment motion be denied in part as to plaintiff's claims based on retaliation and excessive force as to defendant Coupal. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the file, and the recommendations of Magistrate Judge Baxter, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that

1. Defendants' motion for summary judgment (Docket No. 37) is GRANTED in part and DENIED in part;

2. Plaintiff's claims based on retaliation and excessive force as to defendant Coupal are DENIED.

3. The complaint is DISMISSED in its entirety as to defendants Phelix and Gates;

4. The Clerk is directed to return the file to the Magistrate Judge for any further pretrial proceedings in this matter.

IT IS SO ORDERED.

20100506

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