Williams v. Perry et al

Filing 25

DECISION AND ORDER adopting Magistrate Judge H. Kenneth Schroeder, Jr.'s Report and Recommendation 23 . Plaintiff's claim that Defendants falsified a misbehavior report is dismissed, Plaintiff's claims against the Defendants in their official capacities are dismissed, and Plaintiff's excessive force claims against the Defendants in their individual capacities may proceed. The case is referred back to Magistrate Judge Schroeder for further proceedings. A copy of the Decision and Order, along with this entry, has been mailed to Michael Jamal Williams, 10-B-1768, AUBURN CORRECTIONAL FACILITY, Box 618, Auburn, NY 13021. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/3/2018. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

MICHAEL JAMAL WILLIAMS,
Plaintiff,
DECISION AND ORDER
16-CV-1042A

v.
SCOTT PERRY, et al.,

Defendants.

The above-referenced case was referred to Magistrate Judge H. Kenneth
Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On April 5, 2018, Magistrate
Judge Schroeder filed a Report and Recommendation (Dkt. No. 23), recommending
that Defendants’ Motion to Dismiss (Dkt. No. 19) be granted in part and denied in part,
as follows: 1) Pro se Plaintiff’s claim that Defendants falsified a misbehavior report be
dismissed, 2) Plaintiff’s claims against the Defendants in their official capacities be
dismissed, and 3) Plaintiff’s excessive force claims against the Defendants in their
individual capacities should proceed.
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 Schroeder’s Report and Recommendation, Plaintiff’s
claim that Defendants falsified a misbehavior report is dismissed, Plaintiff’s claims
against the Defendants in their official capacities are dismissed, and Plaintiff’s

excessive force claims against the Defendants in their individual capacities may
proceed.
The case is referred back to Magistrate Judge Schroeder for further
proceedings.

IT IS SO ORDERED.
____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT

Dated: May 3, 2018