Smith v. Rosati

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

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.

IT IS SO ORDERED. Dated: April 10, 2013

Utica, New York.

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United States District Judge