Celestin v. Premo et al

Filing 69

ORDER: ORDERED, that the Report-Recommendation of Magistrate Judge Randolph F. Treece filed December 9, 2013 (Dkt. No. 68 ) is ACCEPTED in its entirety for the reasons state therein. ORDERED, that defendants' motion for partial summary judgme nt (Dkt. No. 62 ) is GRANTED. ORDERED, that defendants Rock, Fischer and Carver are DISMISSED. ORDERED, that the case is deemed trial ready as to plaintiff's claims against defendants Premo, Tulip and Traux. ORDERED, that the case has been moved to the court's trial ready list. Signed by Chief Judge Gary L. Sharpe on 1/24/14. (served on non-ecf parties by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------CLIVES CELESTIN
Plaintiff,
-v.Civil Action No.
9:12-cv-301 (GLS/RFT)
JEFFREY PREMO, Correction Officer,
Upstate Correctional Facility, et al.
Defendants.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
CLIVES CELESTIN
94-a-5376
Plaintiff Pro Se
Attica Correctional Facility
Box 149
Attica, New York 14011
FOR THE DEFENDANT:
HON. ERIC SCHNEIDERMAN
Office of the Attorney General
State of New York
The Capitol
Albany, New York 12224-0341

GARY L. SHARPE,
CHIEF JUDGE

MICHAEL G. MCCARTIN, ESQ.
Assistant Attorney General

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Randolph F. Treece, duly filed
December 9, 2013. Following fourteen (14) 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
Randolph F. Treece filed December 9, 2013 (Dkt. No. 68) is ACCEPTED in
its entirety for the reasons state therein; and it is further
ORDERED that defendants’ motion for partial summary judgment
(Dkt. No. 62) is GRANTED; and it is further
ORDERED that defendants Rock, Fischer and Carver are
DISMISSED; and it is further
ORDERED that the case is deemed trial ready as to plaintiff’s claims
against defendants Premo, Tulip and Traux; and it is further
ORDERED that the case has been moved to the court’s trial ready list;
and it is further

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ORDERED that the Clerk of the Court is to mail copies of the Order to
the parties in accordance with the court’s local rules.
IT IS SO ORDERED.

Dated:

January 24, 2014
Albany, New York

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