Middlebrooks v. Brandt et al

Filing 22

DECISION AND ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 17 . Defendants' motion for summary judgment 8 is granted as to claims arising under the first and second grievances, and denied as to claims arising under the third grievance. The action is recommitted to Magistrate Judge Scott for further proceedings. A copy of this entry and Decision and Order has been mailed to Curtis Middlebrooks, 00-B-1178, MOHAWK CORRECTIONAL FACILITY, Box 8451, Rome, NY 13440. SO ORDERED. Signed by Hon. Richard J. Arcara on 2/1/17. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

CURTIS MIDDLEBROOKS,
Plaintiff,
DECISION AND ORDER
15-CV-1054-A

v.
SUPERINTENDENT M. BRADT, et al.,

Defendants.

This case was referred to Magistrate Judge Hugh B. Scott pursuant to 28 U.S.C.
§ 636(b)(1) for the conduct or pretrial proceedings. On December 13, 2016, Magistrate
Judge Scott filed a Report and Recommendation (Dkt. No. 17), recommending that
defendants’ motion for summary judgment (Dkt. No. 8) be granted as to claims arising
under the first two of three grievances that are the subjects of the action, and denied as
to claims arising under the third grievance.
On December 29, 2016, pro se plaintiff Curtis Middlebrooks filed objections to
the Report and Recommendation. Dkt. No. 18. Defendants filed a response on
January 13, 2017 (Dkt. No. 20), and plaintiff filed a reply on January 23, 2017. Dkt. No.
21. The matter was deemed submitted because no oral argument was required.
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 (Dkt. No. 17) to
which objections have been made. Upon de novo review, and after reviewing the
submissions from the parties, the Court hereby adopts Magistrate Judge Scott’s
findings and conclusions.

Accordingly, for the reasons set forth in Magistrate Judge Scott’s Report and
Recommendation, defendants’ motion for summary judgment is granted as to claims
arising under the first and second grievances, and denied as to claims arising under the
third grievance. The action is recommitted to Magistrate Judge Scott pursuant to the
October 21, 2016 Text Order Referring Case. Dkt. No. 9.
IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: February 1, 2017

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