Coleman v. Racette et al

Filing 38

DECISION AND ORDER: The 34 Report and Recommendation of Magistrate Judge Baxter is ADOPTED. ORDERED, that the Defendants' Motion to Dismiss, dkt. # 28 , is hereby GRANTED. ORDERED, that the complaint against Defendant Racette is dismissed in its entirety. ORDERED, that plaintiff's retaliation claims are dismissed against Defendant Nolan. ORDERED, that the case proceed to discovery as against defendant Nolan for plaintiff's excessive force claim only. Signed by Senior Judge Thomas J. McAvoy on 1/4/16. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
TOWAUN COLEMAN,
Plaintiff,
-vs-

9:15-CV-40
(TJM/ATB)

STEVEN RACETTE, Superintendent, Clinton
Correctional Facility, and L. NOLAN,
Prison Guard
Defendants.

Thomas J. McAvoy,
United States District Judge
DECISION and ORDER
This matter 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 Rule
72.3(d) of the Local Rules of the Northern District of New York. No objections to the
December 7, 2015 Report-Recommendation have been raised. Plaintiff has instead
provided the Court with a copy of his discovery requests. See dkt. # 35. After examining
the record, this Court has determined that the Report-Recommendation is not subject to
attack for plain error or manifest injustice. Accordingly, this Court adopts the ReportRecommendation and Order for the reasons stated therein.
Accordingly, the Report and Recommendation of Magistrate Judge Baxter is hereby
ADOPTED, and:
1. The Defendants’ Motion to Dismiss, dkt. # 28, is hereby GRANTED;
2. The Complaint against Defendant Racette is dismissed in its entirety;
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3. Plaintiff’s retaliation claims are dismissed against Defendant Nolan; and
4. It is hereby ORDERED that the case proceed to discovery as against
Defendant Nolan for Plaintiff’s excessive force claim only.
IT IS SO ORDERED.
Dated: January 4, 2016

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