Akinleye v. Westchester County Department of Correction et al
| Akintunde Akinleye |
| Westchester County Department of Correction and Marcercilli |
| 1:2014cv05191 |
| July 7, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Loretta A. Preska |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
64
OPINION AND ORDER re: 48 FIRST MOTION for Summary Judgment . filed by Marcercilli, Westchester County Department of Correction. Defendants' motion for summary judgment is GRANTED in part and DENIED in part. All claims against de fendant Westchester County Department of Correction are dismissed. In addition, any intended claims against Westchester County, and any intended claims for failure to protect plaintiff from inmate attack on January 2, 2014, or for deliberate indif ference to his medical needs are also dismissed. Only plaintiff's excessive force claim against Officer Marcuceilli related to the January 20, 2014, incident may go forward. Plaintiff and counsel for defendants are directed to appear at a stat us conference on October 3, 2017, at 12:30 p.m., at which time the Court will set a trial date and a schedule for pretrial submissions. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is instructed to (i) terminate the motion (Doc. #48), (ii) terminate defendant Westchester County Department of Correction, and (iii) mail a copy of this Order to plaintiff. So Ordered., (Status Conference set for 10/3/2017 at 12:30 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 9/6/17) (yv)
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