Williams v. Artus et al

Filing 93

DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's 87 Report and Recommendation. Defendants' 80 motion for summary judgment pursuant to Fed.R.Civ.P. 56 is granted. The Clerk of Court shall take all steps necessary to clo se the case. A copy of the Decision and Order and a copy of this entry have been mailed to Daniel Williams, 03A5915, SING SING CORRECTIONAL FACILITY, 354 Hunter Street, Ossining, NY 10562-5498. SO ORDERED. Signed by Hon. Richard J. Arcara on 11/4/2019. (LAS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

DANIEL WILLIAMS,
Plaintiff,
DECISION AND ORDER
13-CV-680-A

v.
DALE ARTUS, et al.,
Defendants.

This pro se civil rights case was referred to Magistrate Judge Leslie G. Foschio
pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On
September 11, 2018, Magistrate Judge Foschio filed a lengthy Report and
Recommendation (Dkt. No. 87), recommending primarily that defendants’ motion for
summary judgment (Dkt. No. 80) pursuant to Fed. R. Civ. P. 56 be granted.
On September 19, 2018, pro se plaintiff Williams filed objections to the Report
and Recommendation. Dkt. No. 88. Defendants’ filed a response on October 5, 2018
(Dkt. No. 90), and plaintiff filed a reply on October 12, 2018. Dkt. No. 91. The matter
has been deemed submitted.
The Court has carefully reviewed the Report and Recommendation, the record in
the case, including the pleadings and materials submitted by the parties while giving
due deference to plaintiff Williams’ submissions because of status as a pro se litigant
who is imprisoned, Tracy v. Freshwater, 623 F.3d 90, 101 (2d Cir. 2010) (collecting
cases), and it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth
in the Report and Recommendation (Dkt. No.87), the defendants’ motion for summary

judgment (Dkt. No. 80) pursuant to Fed. R. Civ. P. 56 is granted.
The Clerk shall enter Judgment in favor of defendants E. Mendez, Correctional
Sergeant, Thomas Sticht, Deputy Superintendent for Security, Edward J. Meyer,
Correctional Captain, D. Ferron, Correctional Guard, Garrow, Correctional Guard,
Baran, Correctional Guard, Winagle, Registered Nurse, W. Rivera, Mail Room Clerk,
D. Pokigo, Correctional Guard, H. Obertean, Physician Assistant, and Albert Prack,
Director of Special Housing Disciplinary Program, and shall close the case.
IT IS SO ORDERED.

___s/Richard J. Arcara___________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: November 4, 2019

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