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Mosley v. Woodly

United States District Court, Second Circuit

September 23, 2013

TYSHAUN MOSLEY, Plaintiff,
v.
P. 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.

TYSHAUN MOSLEY, Pro Se Plaintiff, 09-A-1628, Orleans Correctional Facility, Albion, NY,

ROGER W. KINSEY, ESQ., Ass't Attorney General.

HON. ERIC T. SCHNEIDERMAN, Attorney General for the State of New York, Albany, NY, Attorney for Defendants.

DECISION and ORDER

DAVID N. HURD, District Judge.

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 Report-Recommendation 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.

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.


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