Vallade v. Fischer et al

Filing 43

ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 42 as filed on September 29, 2014. Defendants' motion for summary judgment 30 is granted in part and denied in part. The case is referred back to Magistrate Judge McCarthy for further proceedings. IT IS SO ORDERED. A copy of the Order is mailed to pro se plaintiff Meshach Vallade, 1967 Marmion Avenue, Bronx, NY 10460. Signed by Hon. Richard J. Arcara on 10/29/14. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

MESHACH VALLADE,
Plaintiff,
ORDER
12-CV-00231(A)(M)

v.
BRIAN FISCHER, J. CONWAY, SGT. DINO,
OFFICER SCOLESE, NURSE R. KILLINGER,
DR. ABBASEY, DR. LEKOWSKI, SANDRA PURSAK,
and P. CHAPPIUS,

Defendants.

The above-referenced case was referred to Magistrate Judge Jeremiah J.
McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 29, 2014, Magistrate
Judge McCarthy filed a Report and Recommendation, recommending that defendants’
motion for summary judgment (Dkt. No. 30) be granted in part and denied in part.
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 McCarthy’s Report and Recommendation, the defendants’
motion for summary judgment (Dkt. No. 30) is granted to the extent it seeks dismissal of
plaintiff’s retaliation and deliberate indifference to medical needs claims, with prejudice,
and plaintiff’s access to courts claim, without prejudice, but is otherwise denied.
The case is referred back to Magistrate Judge McCarthy for further proceedings.

IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: October 29, 2014