Earley v. Annucci et al

Filing 133

ORDER: The Court hereby ORDERS that Magistrate Judge Stewart's February 28, 2017 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein. The Court further ORDERS that, with regard to Plaintiff's first cau se of action, Plaintiff's # 124 motion for partial summary judgment is DENIED, Defendant's # 125 motion for summary judgment is GRANTED and this claim is DISMISSED. The Court further ORDERS that, with regard to Plaintiff's second a nd third causes of action, Plaintiff's # 124 motion for partial summary judgment is GRANTED in part as noted herein and Defendant's # 125 motion for summary judgment is GRANTED in part as noted herein. The Court further ORDERS that, wit h regard to Plaintiff's fourth cause of action, Defendant's # 125 motion for summary judgment is GRANTED and this claim is DISMISSED. The Court further ORDERS that this case is trial ready on the issue of damages with regard to Plaintiff's second and third causes of action and the Court will issue a trial order in due course. Signed by Senior Judge Frederick J. Scullin, Jr. on 3/31/2017. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
SEAN EARLEY,
Plaintiff,
v.

9:08-CV-669
(FJS/DJS)

ANTHONY J. ANNUCCI, Executive Commissioner
and Counsel, New York State Department of
Correctional Services,
Defendant.
________________________________________________
APPEARANCES

OF COUNSEL

MULDOON GETZ & RESTON
144 Exchange Boulevard
Suite 402
Rochester, New York 14614
Attorneys for Plaintiff

JON P. GETZ, ESQ.

THE EATON LAW FIRM
27 Locust Street
Pittsford, New York 14534
Attorneys for Plaintiff

K. WADE EATON, ESQ.

OFFICE OF THE NEW YORK
STATE ATTORNEY GENERAL
The Capitol
Albany, New York 12224
Attorneys for Defendant

KEITH J. STARLIN, AAG

SCULLIN, Senior Judge
ORDER
Currently before the Court is Magistrate Judge Stewart's February 28, 2017 ReportRecommendation and Order. See Dkt. No. 130. The parties did not file any objections.
When a party does not object to a magistrate judge's report-recommendation, the court

reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik,
No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote
omitted). After conducting that review, "the Court may 'accept, reject, or modify, in whole or in
part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C.
§ 636(b)(1)(C)).
The Court has reviewed Magistrate Judge Stewart's February 28, 2017 ReportRecommendation and Order for clear error and manifest injustice; and, finding none, the Court
hereby
ORDERS that Magistrate Judge Stewart's February 28, 2017 Report-Recommendation and
Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that, with regard to Plaintiff's first cause of action, Plaintiff's motion for partial
summary judgment, see Dkt. No. 124, is DENIED; and Defendant's motion for summary judgment,
see Dkt. No. 125, is GRANTED; and this claim is DISMISSED; and the Court further
ORDERS that, with regard to Plaintiff's second and third causes of action, alleging due
process violations stemming from the continued imposition and enforcement of post-release
supervision after Earley II, Plaintiff's motion for partial summary judgment, see Dkt. No. 124, is
GRANTED in part as to liability for the time period of August 31, 2006, the date of the Earley II
decision, through June 27, 2007, when Plaintiff was released from DOCS's custody; and
Defendant's motion for summary judgment, see Dkt. No. 125, is GRANTED in part to the extent
that Defendant is entitled to qualified immunity prior to that time period and to the extent that
Plaintiff has asserted any claims against Defendant in his official capacity, which are DISMISSED
in accordance with the Eleventh Amendment; and the Court further
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ORDERS that, with regard to Plaintiff's fourth cause of action, regarding the Division of
Parole acting in concert with DOCS, Defendant's motion for summary judgment, see Dkt. No. 125,
is GRANTED; and this claim is DISMISSED; and the Court further
ORDERS that this case is trial ready on the issue of damages with regard to Plaintiff's
second and third causes of action;1 and the Court will issue a trial order in due course.

IT IS SO ORDERED.

Dated: March 31, 2017
Syracuse, New York

1

The Court encourages the parties to consent to proceed before Magistrate Judge Stewart
for the trial of this matter on the issue of damages due to the congestion of this Court's calendar.
In the event the parties consent to proceed before Magistrate Judge Stewart, they can find the
consent form on the Court's website, www.nynd.uscourts.gov under Forms/Civil/All Forms/AO85 - Notice Consent and Reference of Civil Action to Magistrate. Both parties must sign this
document before submitting it to the District Judge for approval. The Clerk of the Court is
directed to attach a blank consent form to this Order.
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