Brown v. Chappius et al

Filing 171

DECISION AND ORDER granting 96 Motion for Summary Judgment; finding as moot 117 Motion ; adopting Report and Recommendations re 139 Report and Recommendations.; finding as moot 167 Motion ; finding as moot 168 Motion ; finding as moot 169 Motion to Compel. (Clerk to close case.) (Copy of this Decision and Order sent by first class mail to Plaintiff Carl Brown.) Signed by Hon. Michael A. Telesca on 5/20/19. (JMC)-CLERK TO FOLLOW UP-

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK __________________________________ CARL BROWN, 13-CV-105 Plaintiff, V. DECISION AND ORDER PAUL CHAPPIUS, JR., et al., Defendants, __________________________________ Before the Court for review is Magistrate Judge Leslie G. Foshcio’s Report and Recommendation of August 11, 2016 (Dkt. No. 139). This case was reassigned to the Honorable Michael A. Telesca on May 14, 2019. For the reasons discussed herein, the Court adopts the R&R in full. PROCEDURAL HISTORY Carl Brown (“Plaintiff”) proceeding pro se, commenced this civil rights action on February 5, 2013, asserting various claims for relief against Defendants, all employees of New York State Department of Corrections and Community Supervision (DOCCS). On July 25, 2013, Plaintiff filed an amended complaint alleging constitutional violations while incarcerated at Elmira Correctional Facility. Defendants filed a motion (Dkt. No. 96) on February 27, 2015. for summary judgment Thereafter, on January 14, 2016, Plaintiff filed a motion for an injunction (Dkt. No. 117) requesting the Court to transfer him from Clinton Correctional Facility. On March 31, 2016, Defendants filed their opposition to this motion for injunction. In a Report and Recommendation dated August 11, 2016, Magistrate Judge Leslie Foschio filed a Report and Recommendation granting Defendants’ motion for summary judgment (Dkt. No. 96) and denying Plaintiff’s motion for injunctive relief (Dkt. No. 117). The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of the Report and Recommendation. 28 U.S.C. § 636(b)(1)(c). Plaintiff filed timely objections (Dkt. No. 145) to the Report and Recommendation. file a Defendants did not file any objections but did response to Plaintiff's objections (Dkt. No. 149). A district court must conduct a de novo review of the parts of a Report and Recommendation to which a party objects. See 28 U.S.C. § 636(b)(1)(C). “A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.” Id. After review of the extensive record, and for the reasons stated herein, Defendants’ motion for summary judgment is granted and Plaintiff’s motion for injunctive relief is denied. CONCLUSION After carefully analyzing each of Plaintiff’s claims, the 2 Court agrees with Magistrate Judge Foschio’s recommendation granting Defendants’ motion for summary judgment (Dkt. No. 96). The Court, having reviewed de novo Magistrate Judge Foschio’s Report and Recommendation and Plaintiff's objections, hereby adopts the proposed findings for the reasons stated in Magistrate Judge Foschio’s Report and Recommendation (Dkt. No. 139). Therefore, the objections are OVERRULED and the Report and Recommendation is ACCEPTED and ADOPTED as the opinion of the Court. motion for summary judgment (Dkt. No. 96) is Defendants’ GRANTED Plaintiff’s Amended Complaint is DISMISSED WITH PREJUDICE. and The Defendant’s motion for an injunction requesting the Court to transfer him to another correctional facility is DENIED as moot (Dkt. No. 117). Plaintiff’s motions requesting trail transcripts, a status conference, and to compel the Court to answer defendants’ summary judgment (Dkt. Nos. 167, 168, and 169) are all DENIED as moot. ALL OF THE ABOVE IS SO ORDERED. S/Michael A. Telesca __________________________ MICHAEL A. TELESCA United States District Judge Dated: Rochester, New York May 20, 2019 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?