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Celestin v. Premo

United States District Court, N.D. New York

January 24, 2014

CLIVES CELESTIN, Plaintiff,
v.
JEFFREY PREMO, Correction Officer, Upstate Correctional Facility, et al. Defendants.

CLIVES CELESTIN Plaintiff Pro Se Attica Correctional Facility Attica, New York 14011 for The Plaintiff.

MICHAEL G. MCCARTIN, ESQ., Assistant Attorney General, HON. ERIC SCHNEIDERMAN, Office of the Attorney General, State of New York Albany, New York, for the Defendant.

ORDER

GARY L. SHARPE, Chief District Judge.

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Randolph F. Treece, duly filed December 9, 2013. Following fourteen (14) 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 Randolph F. Treece filed December 9, 2013 (Dkt. No. 68) is ACCEPTED in its entirety for the reasons state therein; and it is further

ORDERED that defendants' motion for partial summary judgment (Dkt. No. 62) is GRANTED; and it is further

ORDERED that defendants Rock, Fischer and Carver are DISMISSED; and it is further

ORDERED that the case is deemed trial ready as to plaintiff's claims against defendants Premo, Tulip and Traux; and it is further

ORDERED that the case has been moved to the court's trial ready list; 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.


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