Payne v. Coburn et al

Filing 58

ORDER: ORDERED that the Report-Recommendation and Order (Dkt. No. 57 ) is ADOPTED in its entirety. ORDERED that Defendants' motion for summary judgment (Dkt. No. 54 ) is DENIED IN PART and GRANTED IN PART. ORDERED that summary judgmen t is DENIED to C.O. Coburn, C.O. Cruz and C.O. Friedman on the Eighth Amendment excessive force and failure to intervene claims and that summary judgment is GRANTED to defendants on all other claims. ORDERED that defendants Deputy Supt. Colao, Supt. Larkin, DSH Prack, C.O. Jamil, C.O. Warren, C.O. Carr, Sgt. Milteer, and Sgt. Tschirky are DISMISSED from this action. Signed by Senior Judge Gary L. Sharpe on 9/27/17.{order served via regular and via certified mail on plaintiff} (nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
BERTRAM PAYNE,
Plaintiff,

9:15-cv-392
(GLS/TWD)

v.
C.O. COBURN et al.,
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR PLAINTIFF:
BERTRAM PAYNE
Plaintiff, pro se
303 Vernon Avenue
Apt. #19B
Brooklyn, New York 11206
FOR DEFENDANTS:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
The Capitol
Albany, NY 12224

Gary L. Sharpe
Senior District Judge

SHANNAN C. KRASNOKUTSKI
Assistant Attorney General

ORDER
The above-captioned matter comes to this court following a ReportRecommendation and Order by Magistrate Judge Thérèse Wiley Dancks,
duly filed on August 29, 2017. (Dkt. No. 57.) Following fourteen 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
Report-Recommendation and Order for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No.
57) is ADOPTED in its entirety; and it is further
ORDERED that Defendants’ motion for summary judgment (Dkt. No.
54) is DENIED IN PART and GRANTED IN PART; and it is further
ORDERED that summary judgment is DENIED to C.O. Coburn, C.O.
Cruz and C.O. Friedman on the Eighth Amendment excessive force and
failure to intervene claims and that summary judgment is GRANTED to
defendants on all other claims; and it is further
ORDERED that defendants Deputy Supt. Colao, Supt. Larkin, DSH
Prack, C.O. Jamil, C.O. Warren, C.O. Carr, Sgt. Milteer, and Sgt. Tschirky
are DISMISSED from this action; and it is further
2

ORDERED that the Clerk provide a copy of this Order to the parties
by regular and certified mail.
IT IS SO ORDERED.
September 27, 2017
Albany, New York

3