United States District Court, N.D. New York
September 19, 2014
MICHAEL GARCIA, Plaintiff,
R. FURNIA, Sgt.; Clinton Corr. Facility; and DOES, Corr. Officials, Clinton Corr. Facility, Defendants.
MICHAEL GARCIA, Seneca County Sheriff's Office Romulus, New York, Plaintiff, Pro Se.
HON. ERIC T. SCHNEIDERMAN, Attorney General for the State of New York, ADRIENNE J. KERWIN, ESQ., Assistant Attorney General, Albany, New York, Counsel for Defendants.
DECISION and ORDER
GLENN T. SUDDABY, District Judge.
Currently before the Court, in this pro se prisoner civil rights action filed by Michael Garcia ("Plaintiff") against the above-captioned individuals ("Defendants"), are Defendants' unopposed motion for partial summary judgment, and United States Magistrate Judge Andrew T. Baxter's Report-Recommendation recommending that Defendants' motion be granted. (Dkt. Nos. 30, 35.) Plaintiff has not filed an Objection to the Report-Recommendation (despite the extension of the deadline by which to do so). ( See generally Docket Sheet.) After carefully reviewing the relevant filings in this action, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Baxter employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 35.)
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 35) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Defendants' motion for partial summary judgment (Dkt. No. 30) is GRANTED; and it is further
ORDERED that Plaintiff's Eighth Amendment claim that he was denied adequate medical care by Defendants is DISMISSED; and it is further
ORDERED that Pro Bono Counsel be appointed for the Plaintiff for purposes of trial only; any appeal shall remain the responsibility of the plaintiff alone unless a motion for appointment of counsel for an appeal is granted; and it is further
ORDERED that upon assignment of Pro Bono Counsel, a final pretrial conference with counsel will be scheduled in this action, at which time the Court will schedule a jury trial for Plaintiff's Eighth Amendment claims of excessive force against Defendant Furnia. Counsel are directed to appear at the final pretrial conference with settlement authority from the parties.