Summary
denying summary judgment where defendants submitted no evidence as to whether search of parolee's home was "rationally and substantially related" to the performance of parole officers' duties and instead made a "generalized comment" that search of parolee was "related to their supervision responsibilities, i.e., to insure that plaintiff was adhering to the strict terms of his release"
Summary of this case from Ficklin v. RusinkoOpinion
No. 9:13-CV-953 (DNH/ATB)
02-06-2015
CHARLES W. GERENA, Plaintiff, v. NICK PEZDEK, DOCCS employee; WARREN MASON, DOCCS employee; JOHN DOES, Utica Police Department, "Operation Impact Detail"; and JOHN DOES, DOCCS employees, Defendants.
APPEARANCES: CHARLES W. GERENA Plaintiff pro se 64555 CNY PC P.O. Box 300 Marcy, NY 13403 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants Pezdek and Mason 615 Erie Boulevard West Suite 102 Syracuse, NY 13204 OF COUNSEL: TIMOTHY P. MULVEY, ESQ. Ass't Attorney General
APPEARANCES: CHARLES W. GERENA
Plaintiff pro se
64555
CNY PC
P.O. Box 300
Marcy, NY 13403
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants Pezdek and Mason
615 Erie Boulevard West
Suite 102
Syracuse, NY 13204
OF COUNSEL: TIMOTHY P. MULVEY, ESQ.
Ass't Attorney General
DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Charles W. Gerena brought this civil rights action pursuant to 42 U.S.C. § 1983. On January 15, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants Pezdek and Mason's converted motion for summary judgment be denied. Plaintiff timely filed objections to part of the Report-Recommendation.
Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants Pezdek and Mason's converted motion for summary judgment is DENIED; and
2. 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. Dated: February 6, 2015
Utica, New York.
/s/_________
United States District Judge