Jackson v. Gokey et al

Filing 54

DECISION AND ORDER adopting Magistrate Judge H. Kenneth Schroeder, Jr.'s Report and Recommendation 36 . For the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, Defendants Gokey's and Petrie's motion for judgment on the pleadings on Plaintiff's excessive force claim is denied, and this matter is recommitted to Magistrate Judge Schroeder for further proceedings. A copy of the Decision and Order and this entry have been mailed to Joseph Jackson, 05-B-1287, BARE HILL CORRECTIONAL FACILITY, Caller Box 20, Malone, NY 12953-0020. SO ORDERED. Signed by Hon. Richard J. Arcara on 3/21/2018. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JOSEPH JACKSON, #05B1287,
Plaintiff,
DECISION AND ORDER
15-CV-922-A

v.
JOHN COLVIN, et al.,

Defendants.

This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant
to 28 U.S.C. § 636(b)(1)(B). On October 4, 2017, Magistrate Judge Schroeder filed a
Report and Recommendation (Dkt. No. 36), recommending that Defendants Gokey and
Petrie’s motion for judgment on the pleadings (Dkt. No. 33) on Plaintiff’s excessive
force claim be denied.
On October 18, 2017, Defendants Brian Gokey and Timothy Petrie filed
objections to the Report and Recommendation (Dkt. No. 39). Plaintiff filed a response
on October 27, 2017 (Dkt. No. 41), and Defendants filed a reply on November 30, 2017
Dkt. No. 44. The matter was deemed submitted.
Pursuant to 28 U.S.C. §636(b)(1), this Court must make a de novo
determination of those portions of the Report and Recommendation to which
objections have been made. Upon de novo review, and after reviewing the
submissions from the parties, the Court adopts Magistrate Judge Schroeder’s
conclusions. The standard of review for a motion for judgment on the pleadings
requires the Court to view the allegations in the complaint in the light most favorable to

the Plaintiff. Doing so here, the Court agrees with Judge Schroeder’s recommendation.
Accordingly, for the reasons set forth in Magistrate Judge Schroeder’s Report
and Recommendation, Defendants Gokey’s and Petrie’s motion for judgment on the
pleadings on Plaintiff’s excessive force claim is denied, and this matter is recommitted
to Magistrate Judge Schroeder for further proceedings

IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: March 21, 2018