Jones v. Superintendent of Attica Correctional Facility et al

Filing 38

ORDER denying 27 Motion for Summary Judgment; denying 32 Motion for Summary Judgment; adopting Report and Recommendatios re 35 . Case is refered back to Magistrate Judge Schroeder. Signed by Hon. Richard J. Arcara on 10/11/2012. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

EVERETT JONES, 07-A-5636,
Plaintiff,
ORDER
10-CV-823A

v.
SUPERINTENDENT OF ATTICA
CORRECTIONAL FACILITY,
SERGEANT COCHRAN and
R.N. HAWLEY,
Defendants.

The above-referenced case was referred to Magistrate Judge H. Kenneth
Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On September 26, 2012,
Magistrate Judge Schroeder filed a Report and Recommendation, recommending that
plaintiff's motions for summary judgment [27] [32] be denied.
The Court has carefully reviewed the Report and Recommendation, the
record in this case, and the pleadings and materials submitted by the parties, and no
objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons
set forth in Magistrate Judge Schroeder’s Report and Recommendation, plaintiff's
motions for summary judgment are denied.
The case is referred back to Magistrate Judge Schroeder for further
proceedings.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: October 11, 2012