Peele v. Annucci et al
| Kenney Peele |
| Robert M. Donah, Curtis E. Smith, Paul L. Fletcher, K. Gordon, C. Rodier and Vincent Samolis |
| 9:2015cv00317 |
| March 19, 2015 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Cayuga |
| Therese Wiley Dancks |
| Glenn T. Suddaby |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
53
DECISION AND ORDER: ORDERED, that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 49 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion for partial summary judgment (Dkt. No. 35 ) is GRANTED as to Plaint iff's claims against Defendant Fletcher, and that Defendant is DISMISSED from this action. ORDERED that Defendants' motion for partial summary judgment (Dkt. No. 35 ) is DENIED as to Plaintiff's claims against Defendants Gordon, Rodi er and Samolis. ORDERED 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. ORDERE D that upon assignment of Pro Bono Counsel, a pretrial conference with counsel will be scheduled in this action, at which time the Court will schedule a jury trial for Plaintiff's 8th Amendment excessive force claims against Defendants Donah, Sm ith, Gordon and Rodier, and Plaintiff's 8th Amendment failure to intervene and failure to properly train/supervise staff against Defendant Samolis. Counsel are directed to appear at the pretrial conference with settlement authority from the parties. Signed by Chief Judge Glenn T. Suddaby on 8/17/16. (served on plaintiff by regular mail) (alh, )
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