Miles v. Lovac et al

Filing 50

ORDER ACCEPTING Judge McCarthy's 47 Report and Recommendation; GRANTING in part and DENYING in part Defendants' 32 Motion for Summary Judgment. Signed by William M. Skretny, Chief Judge on 3/30/2014. (MEAL)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
GREBORY MILES, #04-A-1587,
Plaintiff,
v.

ORDER
11-CV-671S

LIEUTENANT LEVAC; C.O. C. CARROLL, and
C.O. NULL,
Defendants.

1.

On August 10, 2011, Plaintiff commenced this action pro se pursuant to 42

U.S.C. § 1983 against various employees of the New York State Department of
Corrections and Community Supervision. Defendants moved for summary judgment
dismissing the complaint against them on May 10, 2013.
2.

On May 14, 2013, this Court referred this matter to the Honorable Jeremiah

J. McCarthy, United States Magistrate Judge, to hear all dispositive motions and file a
report and recommendation containing findings of fact, conclusions of law and a
recommended disposition of such motions pursuant to 28 U.S.C. § 636(b)(1)(B) and (C).
3.

Judge McCarthy filed a Report and Recommendation on Defendants’

summary judgment motion on January 27, 2014, in which he recommended that
Defendants’ motion be granted to the extent it sought dismissal of Plaintiff’s deliberate
indifference claim (if any), but otherwise denied. Judge McCarthy also denied Plaintiff leave
to file a second amended complaint.
4.

No objections to the Report and Recommendation were received from any

party within fourteen (14) days from the date of its service, as required by 28 U.S.C.

§ 636(b)(1)(C) and Rule 72(b) of the Federal Rules of Civil Procedure and the Local Rules
of Civil Procedure of this Court.
IT HEREBY IS ORDERED, that this Court ACCEPTS Judge McCarthy’s Report and
Recommendation (Docket No. 47) in its entirety;
FURTHER, that Defendants’ motion for summary judgment (Docket No. 32) is
GRANTED IN PART and DENIED IN PART.
SO ORDERED.
Dated: March 30, 2014
Buffalo, New York
/s/William M. Skretny
WILLIAM M. SKRETNY
Chief Judge
United States District Court

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