Engles v. Bennett et al

Filing 88

DECISION AND ORDER: ORDERED that the Court ADOPTS the Report-Recommendation [dkt. # 87 ] for the reasons stated therein. The defendants' motion for summary judgment [dkt. # 33 ] is GRANTED in part and DENIED in part. The motion is denied wit h respect to the excessive force claim as against defendant Bennett, and granted in all other respects. The complaint is dismissed in its entirety as against defendant Dougherty. Signed by Senior Judge Thomas J. McAvoy on 3/30/17. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
JESSIE ENGLES,
Plaintiff,
v.

9:14-CV-1214

CHRIS BENNETT and
BRIAN DOUGHERTY,
Defendants.
________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
I.

INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon.

Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation
pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge
Baxter’s March 9, 2017 Report-Recommendation [dkt. # 87] have been filed, and the time to
do so has expired.
II.

DISCUSSION
After examining the record, this Court has determined that the Report-

Recommendation is not subject to attack for plain error or manifest injustice.
III.

CONCLUSION
Accordingly, the Court ADOPTS the Report-Recommendation [dkt. # 87] for the

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reasons stated therein. The defendants’ motion for summary judgment [dkt. # 33] is
GRANTED in part and DENIED in part. The motion is denied with respect to the excessive
force claim as against defendant Bennett, and granted in all other respects. The complaint
is dismissed in its entirety as against defendant Dougherty.
IT IS SO ORDERED.
Dated:March 30, 2017

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