Sowell v. Bullis et al

Filing 45

ORDER: ORDERED that the Report-Recommendation and Order (Dkt. No. 41 ) is ADOPTED in its entirety. ORDERED that defendants' motion for summary judgment (Dkt. No. 34 ) is GRANTED IN PART and DENIED IN PART as follows: GRANTED as to all claims against defendant Fischer and defendant Fischer is DISMISSED from this action; GRANTED as to all claims against defendant (Hubbard) Simmons and defendant Simmons is DISMISSED from this action; DENIED IN PART as to defendant Bullis solel y on the claim that he is alleged to have violated the plaintiff's due process rights by refusing to call two witnesses; but GRANTED in all other respects; and DENIED as to defendant Prack. ORDERED that this case is deemed trial ready and a trial scheduling order will be issued in due course. Signed by Senior Judge Gary L. Sharpe on 4/27/16.{order served via certified mail on plaintiff} (nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
VICTOR SOWELL,
Plaintiff,

9:13-cv-1482
(GLS/DJS)

v.
STEVEN BULLIS et al.,
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
Victor Sowell
Plaintiff, Pro Se
P.O. Box 493
Brooklyn, NY 11224
FOR THE DEFENDANTS:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
Litigation Bureau
The Capitol
Albany, New York 12224

JOSHUA E. MCMAHON
Assistant Attorney General

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 March 25, 2016. (Dkt. No. 41.) Following fourteen days from the

service thereof, the Clerk has sent the file, including any and all objections
filed by the parties herein.1
No objections having been filed, and the court having reviewed the
Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No.
41) is ADOPTED in its entirety; and it is further
ORDERED that defendants’ motion for summary judgment (Dkt. No.
34) is GRANTED IN PART and DENIED IN PART as follows:
GRANTED as to all claims against defendant Fischer and
defendant Fischer is DISMISSED from this action;
GRANTED as to all claims against defendant (Hubbard)
Simmons and defendant Simmons is DISMISSED from this
action;
DENIED IN PART as to defendant Bullis solely on the claim
that he is alleged to have violated the plaintiff’s due process
rights by refusing to call two witnesses; but GRANTED in all

1

On February 24, 2016, plaintiff filed a letter seeking the appointment of counsel and
an update on the status of his case. (Dkt. No. 40.) Plaintiff's request for an update is satisfied
by the filing of this order. The request for assignment of counsel, (id.), is referred to
Magistrate Judge Stewart for disposition.

2

other respects; and
DENIED as to defendant Prack; and it is further
ORDERED that this case is deemed trial ready and a trial scheduling
order will be issued in due course; and it is further
ORDERED that the clerk of the court serve a copy of this order upon
the parties in accordance with this court’s Local Rules.
IT IS SO ORDERED.
April 27, 2016
Albany, New York

3