Summary
holding that an inmate's allegation of a 500-day confinement in Ad Seg was sufficient to state a liberty interest
Summary of this case from Proctor v. LeclaireOpinion
Civil Action No. 9:11-cv-784 (GLS/ATB)
01-08-2013
JERRY BOWENS Plaintiff, v. JOSEPH T. SMITH, et al., Defendants.
FOR THE PLAINTIFF: JERRY BOWENS 09-A-5598 Plaintiff, pro se Clinton Correctional Facility FOR THE DEFENDANTS: HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York OF COUNSEL: RICHARD LOMBARDO, ESQ.
APPEARANCES:
FOR THE PLAINTIFF:
JERRY BOWENS
09-A-5598
Plaintiff, pro se
Clinton Correctional Facility
FOR THE DEFENDANTS:
HON. ERIC T. SCHNEIDERMAN
Attorney General for the
State of New York
OF COUNSEL: RICHARD LOMBARDO, ESQ. GARY L. SHARPE,
CHIEF JUDGE
ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed December 7, 2012. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed December 7, 2012 is ACCEPTED in its entirety for the reasons state therein; and it is further
ORDERED that defendants' motion to dismiss (Dkt. No. 19) is GRANTED IN PART, and the amended complaint is DISMISSED IN ITS ENTIRETY AS AGAINST DEFENDANTS FISCHER, PRACK AND LECLAIRE; and it is further
ORDERED, that defendants' motion to dismiss (Dkt. No. 19) is DENIED IN PART, and plaintiff's amended complaint may proceed only as to plaintiff's PROCEDURAL DUE PROCESS and RELIGION CLAIMS as against defendant SMITH; and it is further
ORDERED, that the Clerk provide a copy of this order upon the parties in accordance with the court's local rules. IT IS SO ORDERED. Dated: January 8, 2013
Albany, New York
_________________
Gary L. Sharpe
Chief Judge
U.S. District Court