Filed: Sep. 23, 2016
Latest Update: Sep. 23, 2016
Summary: DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this pro se prisoner civil rights action filed by Scottie Morrison ("Plaintiff") against the four above-captioned employees of the New York State Department of Corrections and Community Supervision at Great Meadow Correctional Facility ("Defendants"), are Plaintiff's motion for summary judgment and United States Magistrate Judge Daniel J. Stewart's Report-Recommendation recommending that Plaintiff
Summary: DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this pro se prisoner civil rights action filed by Scottie Morrison ("Plaintiff") against the four above-captioned employees of the New York State Department of Corrections and Community Supervision at Great Meadow Correctional Facility ("Defendants"), are Plaintiff's motion for summary judgment and United States Magistrate Judge Daniel J. Stewart's Report-Recommendation recommending that Plaintiff'..
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DECISION and ORDER
GLENN T. SUDDABY, Chief District Judge.
Currently before the Court, in this pro se prisoner civil rights action filed by Scottie Morrison ("Plaintiff") against the four above-captioned employees of the New York State Department of Corrections and Community Supervision at Great Meadow Correctional Facility ("Defendants"), are Plaintiff's motion for summary judgment and United States Magistrate Judge Daniel J. Stewart's Report-Recommendation recommending that Plaintiff's motion be denied and that this action be deemed trial ready. (Dkt. Nos. 66, 83.) None of the parties have filed objections to the Report-Recommendation, and the deadline by which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant papers herein, including Magistrate Judge Stewart's thorough Report-Recommendation, the Court can find no clear-error in the Report-Recommendation.1 Magistrate Judge Stewart employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons set forth therein; and Plaintiff's motion is denied and this action is deemed trial ready.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Stewart's Report-Recommendation (Dkt. No. 83) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff's motion for summary judgment (Dkt. No. 66) is DENIED; and it is further
ORDERED that that Pro Bono Counsel be appointed for the Plaintiff for purposes of trial only; any appeal shall remain the responsibility of the plaintiff alone unless a motion for appointment of counsel for an appeal is granted; and it is further
ORDERED that upon assignment of Pro Bono Counsel, a final pretrial conference will be scheduled with counsel only, at which time the Court will schedule for trial Plaintiff's Eighth Amendment excessive force claims against Defendants Timothy Lemery, Sean Baxter and Kory Copeland, and a claim for failure to intervene against Defendant Robert Lowry. The parties are directed to appear at the final pretrial conference with settlement authority.
