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Gerena v. Pezdek

United States District Court, N.D. New York

February 6, 2015

CHARLES W. GERENA, Plaintiff,
v.
NICK PEZDEK, DOCCS employee; WARREN MASON, DOCCS employee; JOHN DOES, Utica Police Department,

CHARLES W. GERENA Plaintiff pro se, Marcy, NY.

HON. ERIC T. SCHNEIDERMAN, Attorney General for the State of New York, TIMOTHY P. MULVEY, ESQ., Ass't Attorney General, Attorney for Defendants Pezdek and Mason Syracuse, NY.

DECISION and ORDER

DAVID N. HURD, District Judge.

Pro se plaintiff Charles W. Gerena brought this civil rights action pursuant to 42 U.S.C. § 1983. On January 15, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants Pezdek and Mason's converted motion for summary judgment be denied. Plaintiff timely filed objections to part of the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).

Therefore, it is

ORDERED that

1. Defendants Pezdek and Mason's converted motion for summary judgment is DENIED; and

2. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.

IT IS SO ORDERED.


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