Jones v. Goord

Full title: ANTHONY JONES Plaintiff, v. GLENN S. GOORD, et al. Defendant

Court: United States District Court, N.D. New York

Date published: Mar 23, 2009

9:05-CV-1438 (DNH/RFT) (N.D.N.Y. Mar. 23, 2009)

Opinion

9:05-CV-1438 (DNH/RFT).

March 23, 2009

ANTHONY JONES, Plaintiff, pro se, Brooklyn, NY.

DAVID FRUCHTER, ESQ., Ass't Attorney General, HON. ANDREW M. CUOMO, Attorney General for the State of New York, Attorney for Defendants, The Capitol, Albany, NY.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff brought this civil rights action pursuant to 42 U.S.C. §§ 1983 and 1985. On March 3, 2009, the Honorable Randolph F. Treece, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for summary judgment be granted, in part and denied in part. Defendants timely filed objections to the Report-Recommendation.

Based upon a de novo determination of the portions of the report and recommendations to which defendants objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is

ORDERED that

1. Defendants' motion for summary judgment is GRANTED in part and DENIED in part;

2. Defendants' motion for summary judgment as to plaintiff's First Amendment Claims against defendant Allard is DENIED;

3. Defendants' motion for summary judgment as to plaintiff's Retaliation Claims related to his acting as an inmate grievance representative is DENIED;

4. Defendants' motion for summary judgment in all other regards is GRANTED and those claims are DISMISSED and defendants Goord, Rushford, Eagen, Demars, LeClaire, and Rock are DISMISSED.

IT IS SO ORDERED.