DECISION and ORDER

DAVID N. HURD, District Judge.

Pro se plaintiff Terry Daum brought this civil rights action pursuant to 42 U.S.C. § 1983. On November 5, 2018, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted in part and denied in part. Plaintiff timely filed objections to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. 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;

2. Defendants' motion for summary judgment is GRANTED as to plaintiff's claims against defendants Bullis, Snow, Brown, and Racette and those defendants are DISMISSED;

3. All claims against the "John Doe" defendants are DISMISSED WITHOUT PREJUDICE;

4. Defendants' motion for summary judgment is DENIED in all other respects and the following claims remain for trial: (1) plaintiff's Eighth Amendment claims against defendant Stickney for excessive force, and against defendants Devlin and Cross for failure to intervene; and (2) plaintiff's retaliation claims against defendants Stickney, Devlin, and Cross;

5. Trial in this matter is scheduled for August 6, 2019, in Utica, New York with pre-trial submissions due at noon on or before July 23, 2019; and

6. Plaintiff's previous request for the appointment of pro bono trial counsel is considered renewed and is GRANTED and that assignment will be made.

IT IS SO ORDERED.