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Rounds v. Thompson

United States District Court, Second Circuit

June 20, 2013

WILLIAM ROUNDS Plaintiff,
v.
C.O. THOMPSON, CORRECTION OFFICER; BRIAN FISCHER, COMMISSIONER, N.Y.S. DEPARTMENT OF CORRECTION AND COMMUNITY SERVICE Defendants.

WILLIAM ROUNDS Plaintiff Pro Se North Syracuse, New York, for the Plaintiff.

ERIC T. SCHNEIDERMAN, KEVIN P. HICKEY, ESQ., Attorney General for the State of New York The Capitol Albany, New York, for Defendant Fischer.

LAWRENCE H. SCHAEFER, ESQ., THOMAS D. LATIN, ESQ., Sheehan, Greene Law Firm, Albany, New York, for Defendant Thompson.

ORDER

GARY L. SHARPE, Chief District Judge.

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Therese W. Dancks, duly filed May 28, 2013. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED that the Report-Recommendation of Magistrate Judge Therese W. Dancks filed May 28, 2013 is ACCEPTED in its entirety for the reasons state therein; and it is further

ORDERED, that Defendant Fischer's Rule 12(c) motion for judgment on the pleadings (Dkt. No. 25) be GRANTED; and it is further

ORDERED, that Plaintiff's Complaint be dismissed as against Defendant Fisher with leave to amend within thirty (30) days of this Order; and it is further

ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties in accordance with the court's local rules.

IT IS SO ORDERED.

ORDER AND REPORT-RECOMMENDATION

This pro se civil rights action commenced pursuant to 42 U.S.C. § 1983, has been referred to me for Report and Recommendation by the Honorable Gary L. Sharpe, Chief United States District Judge, pursuant to 28 U.S.C. § 636(b) and N.D.N.Y. L.R. 72.3(c). Plaintiff William Rounds has asserted an Eighth Amendment claim for excessive force against Defendant Thompson, a Corrections Officer at the Oneida Correctional Facility ("Oneida") during the time period relevant to the claim. (Dkt. No. 1.) Plaintiff has alleged a claim for negligent hiring, training, discipline, and retention of Thompson against Brian Fischer ("Fischer"), Commissioner of the New York State Department of Corrections and Community Supervision ("DOCCS"). Id. Defendant Fischer filed an Answer to Plaintiff's Complaint (Dkt. No. 21) and now moves for judgment on the pleadings in his favor pursuant to Federal Rule of Civil Procedure 12(c). (Dkt. No. 25.) Plaintiff has not filed papers opposing Fischer's motion. For the reasons that follow, I recommend that Defendant Fischer's motion be granted.

I. BACKGROUND[1]

A. Defendant ...


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