Croney v. Russell et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
NORMAN CRONEY,
Plaintiff,
-v- 	9:23-CV-1188 (DNH/PJE)
D. RUSSELL and D. MYATT,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
DAVID N. HURD
United States District Judge
ORDER ON REPORT & RECOMMENDATION
On September 18, 2023, pro se plaintiff Norman Croney (“plaintiff”), an
inmate in the custody of the New York State Department of Corrections and
Community Supervision (“DOCCS”), filed this 42 U.S.C. § 1983 action alleging
that DOCCS officials violated his constitutional rights. Dkt. No. 1. Along with
his complaint, plaintiff moved for leave to proceed in forma pauperis (“IFP Ap-
plication”). Dkt. Nos. 2, 3.
On October 6, 2023, this Court granted plaintiff’s IFP Application and,
after conducting an initial review of the pleading, determined that plaintiff’s
excessive force, retaliation, and invasion-of-privacy claims against defendants
Myatt and Russell survived initial review and required a response. 	Dkt. No.
Case 9:23-cv-01188-DNH-PJE Document 65 Filed 03/11/26 Page 1 of 3

- 2 -
4. 	Thereafter, defendants answered the complaint, Dkt. No. 31, conducted
some discovery, see Dkt. No. 52, and moved for summary judgment, Dkt. No.
55. 	That motion was fully briefed and referred to the assigned magistrate
judge for review and a decision. Dkt. Nos. 60, 61.
On February 17, 2026, U.S. Magistrate Judge Paul J. Evangelista ad-
vised by Report & Recommendation (“R&R”) that defendants’ motion for sum-
mary judgment be denied without prejudice and that the Court hold an ex-
haustion hearing. Dkt. No. 64.
Neither party has lodged objections, and the time period in which to do
so has expired. 	See Dkt. No. 64. 	Upon review for clear error, the R&R is ac-
cepted and will be adopted. See F ED. R. C IV . P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 64) is ACCEPTED;
2. Defendant’s motion for summary judgment (Dkt. No. 55) is DENIED;
3. This matter is REFERRED to Judge Evangelista to conduct an appro-
priate hearing on the exhaustion issue and any related matters, and for any
further action he deems appropriate under the circumstances.
The Clerk of the Court is directed to terminate the pending motions.
IT IS SO ORDERED.
Case 9:23-cv-01188-DNH-PJE Document 65 Filed 03/11/26 Page 2 of 3

- 3 -
Dated: March 11 , 2026
Utica, New York.
Case 9:23-cv-01188-DNH-PJE Document 65 Filed 03/11/26 Page 3 of 3