Caimite v. Venettozzi et al

Filing 29

ORDER: ORDERED that the Report-Recommendation and Order (Dkt. No. 28 ) is ADOPTED in its entirety. ORDERED that defendants' motion to dismiss (Dkt. No. 19 ) is GRANTED in part and DENIED in part as follows: GRANTED as to the following claims, which are DISMISSED: (1) plaintiff's Fourteenth Amendment due process claim against defendants E.F. Corbett and D. Venettozzi; (2) plaintiff's Eighth Amendment conditions of confinement claim against all defendants; and (3) pl aintiff's state law claims; and DENIED in all other respects, leaving only plaintiff's Fourteenth Amendment due process claim against defendants J.A. Esgrow and A. Rodriguez. ORDERED that the Clerk is directed to terminate Corbett and Venettozzi from this action. Signed by Senior Judge Gary L. Sharpe on 11/20/2018.(Order mailed to plaintiff via regular mail). (rar, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
ECSON CAIMITE,
Plaintiff,

9:17-cv-919
(GLS/CFH)

v.
D. VENETTOZZI et al.,
Defendants.
APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
ECSON CAIMITE
Plaintiff Pro Se
01-A-2313
Greene Correctional Facility
P.O. Box 975
Coxsackie, New York 12051
FOR DEFENDANTS:
HON. BARBARA D. UNDERWOOD
New York Attorney General
The Capitol
Albany, NY 12224

MATTHEW P. REED
Assistant Attorney General

Gary L. Sharpe
Senior District Judge

ORDER
The above-captioned matter comes to this court following a ReportRecommendation and Order by Magistrate Judge Christian F. Hummel
duly filed on October 29, 2018. (Dkt. No. 28.) 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.
28) is ADOPTED in its entirety; and it is further
ORDERED that defendants’ motion to dismiss (Dkt. No. 19) is
GRANTED in part and DENIED in part as follows:
GRANTED as to the following claims, which are DISMISSED:
(1) plaintiff’s Fourteenth Amendment due process claim against defendants
E.F. Corbett and D. Venettozzi; (2) plaintiff’s Eighth Amendment conditions
of confinement claim against all defendants; and (3) plaintiff’s state law
claims; and
DENIED in all other respects, leaving only plaintiff’s Fourteenth
Amendment due process claim against defendants J.A. Esgrow and A.
Rodriguez; and it is further
ORDERED that the Clerk is directed to terminate Corbett and
Venettozzi from this action; and
ORDERED that the Clerk provide a copy of this Order to the parties
2

in accordance with the Local Rules.
IT IS SO ORDERED.
November 20, 2018
Albany, New York

3