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Brooks v. Brennan

United States District Court, N.D. New York

December 9, 2014

DERRICK BROOKS, Plaintiff,
v.
RYAN P. BRENNAN, Secure Care Treatment Aide, CNYPC; CHRISTOPHER D. SMITH, Secure Care Treatment Aide, CNYPC; LAURA SMITH-CREASER, R.N., Ward Nurse/Supervisor for Ward 605, CNYPC; and BRETT DAVIS, Secure Care Treatment Aide, CNYPC, Defendants.

DERRICK BROOKS, Central New York Psychiatric Center, Marcy, New York, Plaintiff, pro se.

HON. ERIC T. SCHNEIDERMAN, Attorney General for the State of New York, CATHY Y. SHEEHAN, ESQ., Assistant Attorney General, Albany, New York, Attorney for Defendants Ryan Brennan, Christopher D. Smith, Laura Smith-Creaser.

ARMOND J. FESTINE, ESQ., Utica, New York, Attorney for Defendant Brett Davis.

ORDER

NORMAN A. MORDUE, Senior District Judge.

The above matter comes to me following a Report-Recommendation by Magistrate Judge Christian F. Hummel, duly filed on the 17th day of November 2014. 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

ORDERED that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. Defendants' Brennan, Smith and Smith-Creaser's motion for summary judgment (Dkt. No. 41) is denied and defendant Davis's motion for summary judgment (Dkt. No. 39) is denied.

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.


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