Davis v. Boyd et al
| James Davis |
| Annette M. Boyd, Anthony D. Volpe, Anthony T. Turo, Casey R. Galbally, Jason A. Eich, Josep L. Vasile, Keith E. Vincent, Jhon Boynton, Jhon Dumont and Jhon Plummer |
| 9:2017cv00842 |
| August 2, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| David N. Hurd |
| Daniel J. Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
44
DECISION AND ORDER: ORDERED that 40 Report and Recommendation is accepted in whole. ORDERED that 27 Defendant Annette M. Boyd's motion for summary judgment is DENIED. ORDERED that 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 indifferen ce claim against defendant Boyd. ORDERED that trial in this matter is scheduled for October 8, 2019, in Utica, New York with pretrial submissions due at noon on or before September 24, 2019. Plaintiff;s previous request for the appointment of pro bono trial counsel is considered renewed and is GRANTED and that assignment will be made. Signed by Judge David N. Hurd on 2/13/19. {order served via regular mail on plaintiff}(nas, )
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