May 31, 2013
SHAWN I. LAINFIESTA, Plaintiff,
LIVERMORE, Block Sergeant, Great Meadow Correctional Facility; BERNARD WHITTIER, Correction Officer, Great Meadow Correctional Facility, Defendant.
SHAWN I. LAINFIESTA, 95-A-2531 Eastern New York Correctional Facility, Napanoch, New York, Plaintiff, pro se.
JAMES SEAMAN, ESQ., Assistant Attorney General, HON. ERIC T. SCHNEIDERMAN, Attorney General for the State of New York, The Capitol Albany, NY, Attorney for Defendants.
NORMAN A. MORDUE, District Judge.
The above matter comes to me following a Report-Recommendation by Magistrate Judge Christian F. Hummel, duly filed on the 9th day of May 2013. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
1. The Report-Recommendation is hereby adopted in its entirety.
2. The defendants' motion for summary judgment (Dkt. No. 28) is:
(A) granted as to Lainfiesta's conspiracy claim; and
(B) denied as to Lainfiesta's Eighth Amendment (1) excessive force claims against defendants Livermore and Whittier; (2) medical indifference claim against defendant Livermore; and
(C) Lainfiesta's Fourteenth Amendment claims are dismissed from this action.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED.