Opinion
9:20-CV-177
06-23-2021
TERRELL A. BERRY, Plaintiff, v. CORRECTIONAL OFFICER C. TREMBLAY et al., Defendants.
TERRELL A. BERRY Plaintiff, Pro Se HON. LETITIA JAMES KONSTANDINOS D. LERIS, ESQ. New York State Attorney General Attorneys for Defendants
TERRELL A. BERRY Plaintiff, Pro Se
HON. LETITIA JAMES KONSTANDINOS D. LERIS, ESQ. New York State Attorney General Attorneys for Defendants
ORDER ADOPTING REPORT & RECOMMENDATION
DAVID N. HURD, UNITED STATES DISTRICT JUDGE
On February 20, 2020, pro se plaintiff Terrell A. Berry (“plaintiff”) filed this civil rights action alleging that defendants violated his constitutional rights while he was incarcerated at Franklin Correctional Facility. Dkt. No. 1. Following an initial review of the complaint, this Court ordered a response to plaintiffs First Amendment retaliation claims against defendants Tremblay and Finnel. Dkt. No. 14. Thereafter, defendants moved to dismiss plaintiffs complaint for failure to state a claim. Dkt. No. 22.
On April 22, 2021, U.S. Magistrate Judge Thérèse Wiley Dancks advised by Report & Recommendation (“R&R”') that defendants' motion to dismiss be granted and that plaintiffs complaint be dismissed. Dkt. No. 32. Plaintiff has filed objections. Dkt. No. 37.
Upon de novo review of the portions to which plaintiff has objected, the Report & Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1)(C).
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 32) is accepted and adopted; and
2. Plaintiffs complaint is DISMISSED.
IT IS SO ORDERED.