Mancucci v. Kinnear et al

Filing 8

ORDER - ORDERED that the Report-Recommendation and Order (Dkt. No. 7)is ADOPTED in its entirety; and it is further ORDERED that plaintiff's eighth amendment deliberate medical indifference claim is DISMISSED without prejudice; and it is further ORDERED that defendant Kinnear is DISMISSED without prejudice from this action; and it is further ORDERED that plaintiff's eighth amendment excessive force claim is allowed to proceed against John Does Nos. 1-3 ; and it is further ORDERED that the U.S. Marshal serve a copy of the Complaint, the Report-Recommendation and Order, and a copy of this Order on S uperintendent George P. Beach III of the New York State Police. The superintendent shal l, to the extent possible, produce the informationregarding the identities of the John Doe defendants to the court within thirty days of this Order. Once this information is provided, plaintiff's complaint shall be deemed amended to reflect the full names of the John Doe defendants identified, Summonses shall be issued and the court shall direct service on those newly identified defendants. Signed by Senior Judge Gary L. Sharpe on 1/23/2018. (Copy served via regular mail)(jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
ROBERT MANCUCCI
Plaintiff,

1:17-cv-1255
(GLS/DJS)

v.
KRISTOFER KINNEAR et al.,
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR PLAINTIFF:
ROBERT MANCUCCI
Plaintiff, Pro Se
17-A-0511
Franklin Correctional Facility
P.O. Box 10
Malone, New York 12953

Gary L. Sharpe
Senior District Judge

ORDER
The above-captioned matter comes to this court following a ReportRecommendation and Order by Magistrate Judge Daniel J. Stewart, duly
filed on December 18, 2017. (Dkt. No. 7.) 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
Report-Recommendation and Order for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No. 7)
is ADOPTED in its entirety; and it is further
ORDERED that plaintiff’s eighth amendment deliberate medical
indifference claim is DISMISSED without prejudice; and it is further
ORDERED that defendant Kinnear is DISMISSED without
prejudice from this action; and it is further
ORDERED that plaintiff’s eighth amendment excessive force claim is
allowed to proceed against John Does Nos. 1-3; and it is further
ORDERED that the U.S. Marshal serve a copy of the Complaint, the
Report-Recommendation and Order, and a copy of this Order on
Superintendent George P. Beach III of the New York State Police. The
superintendent shall, to the extent possible, produce the information
regarding the identities of the John Doe defendants to the court within thirty
days of this Order. Once this information is provided, plaintiff’s complaint
shall be deemed amended to reflect the full names of the John Doe
defendants identified, Summonses shall be issued and the court shall
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direct service on those newly identified defendants; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties
in accordance with the Local Rules.
IT IS SO ORDERED.
January 23, 2018
Albany, New York

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