SMITH v. MARCELLUS

93-CV-423S.

917 F.Supp. 168 (1995)

Thernell SMITH, Plaintiff, v. Paul N. MARCELLUS, Sergeant, Defendant.

United States District Court, W.D. New York.

May 10, 1995.


Attorney(s) appearing for the Case

Alan Birnholz, Amherst, New York, for Plaintiff.

Cherie L. Peterson, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo, New York, for Defendant Paul N. Marcellus.


DECISION AND ORDER

SKRETNY, District Judge.

INTRODUCTION

Presently before this Court are the objections of Sergeant Paul Marcellus ("defendant") to the Report and Recommendation of the Hon. Carol E. Heckman, United States Magistrate Judge for the Western District of New York, recommending that this Court deny defendant's motion for summary judgment dismissing plaintiff's complaint.

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