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Murray v. Fischer

United States District Court, N.D. New York

February 3, 2015

JAMES O. MURRAY, Plaintiff,
v.
BRIAN FISCHER, et al. Defendants.

JAMES O. MURRAY, Pro Se, Upstate Correctional Facility, Malone, New York, For the Plaintiff.

HON.ERIC T. SCHNEIDERMAN, Attorney General of the State of New York, GREGORY J. RODRIGUEZ, ESQ., Assistant Attorney General, Albany, New York, For the Defendants.

ORDER

GARY L. SHARPE, Chief Judge.

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed December 24, 2014. Following fourteen 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 Andrew T. Baxter filed December 24, 2014 (Dkt. No. 106) is ACCEPTED in its entirety for the reasons stated therein; and it is further

ORDERED that plaintiff's motion to dismiss certain of his remaining claims without prejudice (Dkt. No. 102) is DENIED; and it is further

ORDERED that defendants' motion for summary judgment (Dkt. No. 87) is DENIED IN PART, as to plaintiff's Eighth Amendment claims relating to the alleged assaults on April 16, 2009 and June 29, 2009, but otherwise is GRANTED on the grounds stated herein, and that plaintiff's other remaining claims in the amended complaint are DISMISSED; and it is further

ORDERED that the Clerk provide a copy of this Order to the parties in accordance to the local rules.

IT IS SO ORDERED.


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