DAVID N. HURD
APPEARANCES: TROY SMITH
Plaintiff Pro Se
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
OF COUNSEL: MICHAEL G. McCARTIN,, ESQ.
Ass't Attorney 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 February 20, 2013, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-Recommendation that defendants' motion for partial summary judgment be granted in part and denied in part. Defendant Fraser timely filed objections to the Report-Recommendation.
Based upon a de novo review, the Report-Recommendation is accepted. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion for partial summary judgment is GRANTED in part and DENIED in part; and
2. All claims against all defendants are DISMISSED with the exception of those asserted against defendants Rosati and St. John; the failure to intervene claim against defendant Fraser; and the First Amendment retaliation claim against defendant Goodman.
Defendants did not move for dismissal of the excessive force claim asserted against defendants Rosati and St. John.
IT IS SO ORDERED. Dated: April 10, 2013
Utica, New York.
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United States District Judge