DAVID N. HURD
APPEARANCES: DAVID WYNTER,
Plaintiff Pro Se
Attica Correctional Facility HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
OF COUNSEL: CHARLES QUACKENBUSH, ESQ.
ROGER W. KINSEY, ESQ.
Ass't Attorneys General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On September 3, 2013, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for summary judgment be granted in part and denied in part. Judge Peebles also ordered plaintiff to show cause in writing as to why his claims against defendants Dunning and Znipp should not be dismissed for failure to timely serve process. Plaintiff requested and was granted an extension of time to show cause and has since objected in writing to dismissal of defendants Dunning and Znipp.
Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED in part and DENIED in part; and
2. All of plaintiff's claims, including those asserted against the "Doe" defendants, and defendants Dunning and Znipp are DISMISSED with the exception of his excessive force claim against defendants Gille, Blood, Nephew, Russell, Bickford, Rocque, Porlier, and Beebe, as well as a failure to intervene cause of action against defendant Cooney.
The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED.
_________________
United States District Judge
Dated: September 30, 2013
Utica, New York.