Wynter v. Rock et al

Filing 90

DECISION and ORDER: Based upon a de novo review of the portions of the Report- Recommendation to which plaintiff objected, the 84 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that 1. Defendants' mo tion for summary judgment is GRANTED in part and DENIED in part; and 2. All of plaintiff's claims, including those asserted against the "Doe" defendants, and defendants Dunning and Znipp are DISMISSED with the exception of his exc essive force claim against defendants Gille, Blood, Nephew, Russell, Bickford, Rocque, Porlier, and Beebe, as well as a failure to intervene cause of action against defendant Cooney. Signed by Judge David N. Hurd on 9/30/2013. (ptm) (Copy served on plaintiff by regular mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------DAVID WYNTER,
Plaintiff,
-v-

9:11-CV-0257

G. RAMEY, Deputy Superintendent at Great
Meadow Correctional Facility; Deborah A. Cooney,
Sergeant at Great Meadow Correctional Facility;
Beebe, Sergeant at Great Meadow Correctional
Facility; R. Blood, Correctional Officer at Great
Meadow Correctional Facility; Jason S. Nephew,
Correctional Officer at Great Meadow Correctional
Facility; Colleen L. Russell, Correctional Officer at
Great Meadow Correctional Facility; John L. Gille,
Correctional Officer at Great Meadow Correctional
Facility; Christopher M. Bickford,
Correctional Officer at Great Meadow Correctional
Facility; T. Rocque, Correctional Officer at Great
Meadow Correctional Facility; Danny Porlier,
Correctional Officer at Great Meadow Correctional
Facility; S. Alden, RN II Badge #407 at Great
Meadow Correctional Facility; D. Znipp, RN at
Great Meadow Correctional Facility; E. Dunning,
Badge #246 RN at Great Meadow Correctional
Facility; John Doe, Nurse at Great Meadow
Correctional Facility; Nesmith Fisher, PA at Great
Meadow Correctional Facility; Norman R. Bezio,
Director of Disciplinary Albany Office; and John
Doe, DOCS Inspector General's Office,

Defendants.
-------------------------------APPEARANCES:
DAVID WYNTER,
Plaintiff Pro Se
05-A-1750

OF COUNSEL:

Attica Correctional Facility
Box 149
Attica, NY 14011
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224

CHARLES QUACKENBUSH, ESQ.
ROGER W. KINSEY, ESQ.
Ass't Attorneys General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On September
3, 2013, the Honorable David E. Peebles, United States Magistrate Judge, advised, by
Report-Recommendation, that defendants' motion for summary judgment be granted in part
and denied in part. Judge Peebles also ordered plaintiff to show cause in writing as to why
his claims against defendants Dunning and Znipp should not be dismissed for failure to
timely serve process. Plaintiff requested and was granted an extension of time to show
cause and has since objected in writing to dismissal of defendants Dunning and Znipp.
Based upon a de novo review of the portions of the Report-Recommendation to
which plaintiff objected, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED in part and DENIED in
part; and

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2. All of plaintiff's claims, including those asserted against the "Doe" defendants,
and defendants Dunning and Znipp are DISMISSED with the exception of his excessive force
claim against defendants Gille, Blood, Nephew, Russell, Bickford, Rocque, Porlier, and
Beebe, as well as a failure to intervene cause of action against defendant Cooney.
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.

Dated: September 30, 2013
Utica, New York.

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