Sawyer v. Prack et al

Filing 42

DECISION AND ORDER: Based upon a de novo review of the portions of the Report- Recommendation to which plaintiff objected, the 40 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDE RED that: (1) Defendants' motion for summary judgment (ECF No. 35 ) is GRANTED in part and DENIED in part; (2) Plaintiff's due process claim asserted against defendants Phelix and Prack is DISMISSED WITH PREJUDICE; (3) Plaintiff's e xcessive force claims asserted against the John Doe defendants are DISMISSED WITH PREJUDICE; (4) Defendants' motion with regards to plaintiff's excessive force claims against defendants Richards and Langdon is DENIED and such claims remain; (5) Defendants Phelix, Prack, John Doe #1, John Doe #2 and John Doe #3 are DISMISSED from this action. Signed by Judge David N. Hurd on 9/28/16. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------TRAZZ SAWYER,
Plaintiff,
-v-

9:14-CV-1198
(DNH/DEP)

ALBERT PRACK; D. PHELIX; D. RICHARDS;
S. LANGDON, JOHN DOE #1-3;
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

TRAZZ SAWYER
Plaintiff, Pro Se
97-B-2413
3531 Gasin Basin Road
Albion, NY 14411
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorneys for Defendant James Thomsen
The Capitol
Albany, NY 12224

KEVIN M. HAYDEN, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Trazz Sawyer brought this civil rights action pursuant to 42 U.S.C. §
1983. On July 29, 2016, the Honorable David E. Peebles, United States Magistrate Judge,
advised by Report-Recommendation that defendant’s motion for summary judgment pursuant
to Federal Rule of Civil Procedure 56 be granted in part and denied in part. See ECF No. 40.
Plaintiff has filed timely objections. See ECF No. 41.

Based upon a de novo review of the portions of the Report- Recommendation to which
plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28
U.S.C. § 636(b)(1).
Therefore, it is ORDERED that:
(1) Defendants’ motion for summary judgment (ECF No. 35) is GRANTED in part and
DENIED in part;
(2) Plaintiff’s due process claim asserted against defendants Phelix and Prack is
DISMISSED WITH PREJUDICE;
(3) Plaintiff’s excessive force claims asserted against the John Doe defendants are
DISMISSED WITH PREJUDICE;
(4) Defendants’ motion with regards to plaintiff’s excessive force claims against
defendants Richards and Langdon is DENIED and such claims remain;
(5) Defendants Phelix, Prack, John Doe #1, John Doe #2 and John Doe #3 are
DISMISSED from this action; and
(6) The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with
the Local Rules.
IT IS SO ORDERED.

Dated: September 28, 2016
Utica, New York

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