Little v. Soulia et al

Filing 83

DECISION AND ORDER: ORDERED that the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 80 ) for the reasons stated therein. Therefore, it is hereby ORDERED that Defendants' motion for summary judgment (Dkt. No. 66 ) is G RANTED in part and DENIED in part. The motion is granted in that the following claims are DISMISSED: (1) Plaintiff's Eighth Amendment deliberate medical indifference claims against Bleau; (2) Plaintiff's First Amendment free exercise claim against Deyo; and (3) Plaintiff's equal protection claims. The motion is DENIED in all further respects. The Clerk may terminate Defendant Bleau from this action. Signed by Senior Judge Thomas J. McAvoy on October 2, 2021. {order served via regular mai on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
CHARLES LITTLE also known as Clifton Little,
also known as Clifton X,
Plaintiff,
9:19-CV-0263
v.
TREVAR A. SOULIA, et al.,
Defendants.
_________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION and ORDER
I.

INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon.

Thérèse W. Dancks, United States Magistrate Judge, for a Report and Recommendation
pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). In her June 16, 2021 ReportRecommendation and Order, Judge Dancks recommends that Defendants' motion for
summary judgment (Dkt. No. 66) be granted in part with respect to the following claims: (1)
Plaintiff's Eighth Amendment deliberate medical indifference claims against Bleau; (2)
Plaintiff's First Amendment free exercise claim against Deyo; and (3) Plaintiff's equal
protection claims, and that the motion be denied in all further respects. See Rep.-Rec. &
Ord, Dkt. No. 80, at 42-43. No objections to the recom mendations have been filed, and
the time to do so has expired.
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II.

DISCUSSION
After examining the record, this Court has determined that the Report-

Recommendation and Order is not subject to attack f or plain error or manifest injustice.
III.

CONCLUSION
Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and

Order (Dkt. No. 80) for the reasons stated therein. Therefore, it is hereby
ORDERED that Defendants' motion for summary judgment (Dkt. No. 66) is
GRANTED in part and DENIED in part. The motion is granted in that the following
claims are DISMISSED: (1) Plaintiff's Eighth Amendment deliberate medical indifference
claims against Bleau; (2) Plaintiff's First Amendment free exercise claim against Deyo; and
(3) Plaintiff's equal protection claims. The motion is DENIED in all further respects.
The Clerk may terminate Defendant Bleau from this action.
IT IS SO ORDERED.
Dated:

October 2, 2021

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