Webb v. Miller et al
||Christopher Miller, E. Trombley, E. Rich, D. Bovair, Nesmith, John Doe #1 and John Doe #2
||May 23, 2018
||US District Court for the Northern District of New York
||Thomas J. McAvoy
||Daniel J. Stewart
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42:1983 Prisoner Civil Rights
|Jury Demanded By:
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|March 12, 2020
DECISION AND ORDER: The Court ADOPTS the recommendations in the Report-Recommendation and Order, Dkt. No. 46 , that Defendants' motion for summary judgment be granted as to Plaintiff's retaliation claim and denied as to Plaintiff's ex cessive force claims. Because the issues raised relative to Plaintiff's objection were not presented to Magistrate Judge Stewart, and because the Court finds that another attempt must be made by the Attorney General's Office to identify Joh n Doe #1 and John Doe #2, the Court MODIFIES the recommendation relative to these potential defendants. Thus, it is hereby ORDERED that Defendants' motion for summary judgment (Dkt. No. 34 ) is GRANTED in part and DENIED in part. The motion is granted as to Plaintiff's retaliation claim, and this claim is dismissed. The motion is denied as to Plaintiff's excessive force claim and as to John Doe #1 and John Doe #2 remaining as defendants. The Attorney General's Office is dire cted to comply with the Court's July 16, 2018 Decision and Order to attempt to identify John Doe #1 and John Doe #2. If either of these individuals is identified, the Attorney General's Office is to proceed in accordance with the Court' ;s July 16, 2018 Decision and Order. If identified, the Marshal's Service should be directed to execute service upon these individuals. If service is accomplished on one or both of the John Does, Magistrate Judge Stewart should reopen pretrial proceedings for a period of time that he deems appropriate in the exercise of his discretion. Signed by Senior Judge Thomas J. McAvoy on 3/12/2020. (Copy served via regular mail)(meb)
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