Opinion
9:18-CV-506 (TJM/DEP)
11-20-2018
TRAVIS J. LANG, Plaintiff, v. LISA ZUREK, et al., Defendants.
Thomas J. McAvoy, Sr. U.S. District Judge
DECISION & ORDER
The Court referred this 42 U.S.C. § 1983 case, which alleges violations of Plaintiff's constitutional rights during his incarceration, to the Hon. David E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). The October 17, 2018, Report-Recommendation, dkt. # 29, recommends that the Court grant in part and deny in part Defendants' motion to dismiss.
No party objected to the Report-Recommendation, and the time for such objections has passed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice and the Court will accept and adopt the Report-Recommendation..
Accordingly,
The Report-Recommendation of Magistrate Judge Peebles, dkt. # 29, is hereby ACCEPTED and ADOPTED. Defendants' motion to dismiss, dkt. # 18, is hereby GRANTED IN PART and DENIED IN PART, as follows:
1. The motion is GRANTED with respect to Plaintif's excessive force claims brought pursuant to the Fourth Amendment;
2. The motion is GRANTED with respect to all claims brought against the County of Oneida; and
3. The motion is DENIED in all other respects.
IT IS SO ORDERED. Dated:November 20, 2018
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge