Nichols v. Allen et al

Filing 52

DECISION AND ORDER: ORDERED 29 Report and Recommendation is accepted in whole. ORDERED that 21 Motion for Summary Judgment is denied. Signed by Judge David N. Hurd on 3/15/18. {order served via regular mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------OWEN NICHOLS,
Plaintiff,
-v-

9:17-CV-156
(DNH/ATB)

PATRICK J. ALLEN, Corrections Officer;
KOREY S. BEZIO, Corrections Sergeant;
WILLIAM J. LECLAIR, Corrections Sergeant;
BRYAN D. MASON, Corrections Sergeant;
DAVID J. MYATT, Corrections Officer;
PATRICK CLANCY, Corrections Officer;
MATTHEW LAFOUNTAIN, Corrections Officer;
and CHRISTOPHER J. NICHOLS, Corrections
Officer,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

OWEN NICHOLS
Plaintiff pro se
13-A-3846
Downstate Correctional Facility
Box F
Fishkill, NY 12524
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224

DAVID N. HURD
United States District Judge

WILLIAM A. SCOTT, ESQ.
Ass't Attorney General

DECISION and ORDER
Pro se plaintiff Owen Nichols brought this civil rights action pursuant to 42 U.S.C.
§ 1983. On October 19, 2017, the Honorable Andrew T. Baxter, United States Magistrate
Judge, advised by Report-Recommendation that plaintiff's motion for summary judgment be
denied. Objections to the Report-Recommendation were due on November 6, 2017.
Plaintiff's untimely objections were received on January 26, 2018.
Based upon a careful review of the Report-Recommendation, the ReportRecommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
Plaintiff's motion for summary judgment is DENIED.
IT IS SO ORDERED.

Dated: March 15, 2018
Utica, New York.

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