DAVID N. HURD, District Judge.
Pro se plaintiff James Davis brought this civil rights action pursuant to 42 U.S.C. § 1983. On January 3, 2019, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that defendant Boyd's motion for summary judgment be denied. No objections to the Report-Recommendation have been filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole.
Therefore, it is
ORDERED that
1. Defendant Annette M. Boyd's motion for summary judgment is DENIED;
2. The following claims remain for trial: (1) an Eighth Amendment failure to protect claim against defendant Volpe; (2) an Eighth Amendment excessive force claim against defendants Volpe, Turo, Galbally, Eich, Vasile, Boynton, Dumont, Vincent, and Plummer; and (3) an Eighth Amendment deliberate indifference claim against defendant Boyd;
3. Trial in this matter is scheduled for October 8, 2019, in Utica, New York with pre-trial submissions due at noon on or before September 24, 2019; and
4. 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.