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finding support for Jeffreys exception where the plaintiff failed to respond to the defendant's claim that he was not working on the day of the incident
Summary of this case from Nelson v. JenkinsOpinion
No. 9:12-CV-1529 (DNH/DEP)
09-11-2014
DESMOND QUICK, Plaintiff, v. JOHN QUINN, Lieutenant, Auburn Correctional Facility; CHRIS NOVACK, Correctional Officer, Auburn Correctional Facility; SEAN REILLY, Correctional Officer, Auburn Correctional Facility; and JOSEPH BANEY, Correctional Officer, Auburn Correctional Facility, Defendants.
APPEARANCES: DESMOND QUICK Plaintiff, pro se 03-B-1945 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 OF COUNSEL: RACHEL M. KISH, ESQ. Ass't Attorney General
APPEARANCES: DESMOND QUICK
Plaintiff, pro se
03-B-1945
Marcy Correctional Facility
P.O. Box 3600
Marcy, NY 13403
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224
OF COUNSEL: RACHEL M. KISH, ESQ.
Ass't Attorney General
DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Desmond Quick brought this civil rights action pursuant to 42 U.S.C. § 1983. On August 11, 2014, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for partial summary judgment dismissing plaintiff's claims against defendant Reilly be granted based upon lack of personal involvement. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion for partial summary judgment is GRANTED;
2. Plaintiff's claims against defendant Sean Reilly are DISMISSED;
3. This matter is referred back to Magistrate David E. Peebles for further proceedings consistent with this Decision and Order; and
4. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED.
/s/_________
United States District Judge
Dated: September 11, 2014
Utica, New York.