Grayson v. Kirkpatrick et al

Filing 40

ORDER: ORDERED that the Report-Recommendation (Dkt. No. 39 ) is ADOPTED in its entirety. ORDERED that defendant C.O. Jaquish's motion to dismiss (Dkt. No. 35 ) is GRANTED IN PART and DENIED IN PART as follows: GRANTED to the extent that any claim for damages against him in his official capacity is dismissed with prejudice; and DENIED in all other respects without prejudice to the submission of a properly supported summary judgment motion. Signed by Senior Judge Gary L. Sharpe on 9/14/17. {order served via regular mail on plaintiff}(nas )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
DON-LEE GRAYSON,
Plaintiff,

9:16-cv-1118
(GLS/ATB)

v.
C.O. COURTNEY et al.,
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR PLAINTIFF:
DON-LEE GRAYSON
Pro Se
14-A-3599
Washington Correctional Facility
Box 180
72 Lock 11 Lane
Comstock, NY 12821
FOR DEFENDANTS:
C.O. Jaquish
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
The Capitol
Albany, NY 12224

RACHEL M. KISH
Assistant Attorney General

C.O. Courtney

NO APPEARANCE

Gary L. Sharpe
Senior District Judge

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Andrew T. Baxter, duly filed on
August 22, 2017. (Dkt. No. 39.) 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 (Dkt. No. 39) is
ADOPTED in its entirety; and it is further
ORDERED that defendant C.O. Jaquish’s motion to dismiss (Dkt. No.
35) is GRANTED IN PART and DENIED IN PART as follows:
GRANTED to the extent that any claim for damages against
him in his official capacity is dismissed with prejudice; and
DENIED in all other respects without prejudice to the
submission of a properly supported summary judgment motion; and it is
further
ORDERED that the Clerk provide a copy of this Order to the parties
in accordance with the Local Rules of Practice.
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IT IS SO ORDERED.
September 14, 2017
Albany, New York

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