Opinion
9:20-CV-124
08-26-2021
EMILE MOREAU, Plaintiff, v. SHERRY ELLSWORTH et al., Defendants.
EMILE MOREAU Plaintiff, Pro Se HON. LETITIA JAMES, New York State Attorney General Ass't Attorney General DAVID C. WHITE, ESQ. Attorneys for Defendants
EMILE MOREAU Plaintiff, Pro Se
HON. LETITIA JAMES, New York State Attorney General Ass't Attorney General
DAVID C. WHITE, ESQ. Attorneys for Defendants
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD, UNITED STATES DISTRICT JUDGE
On February 5, 2020, pro se plaintiff Emile Moreau (“plaintiff'), an inmate in the custody of the New York State Department of Corrections and Community Supervision (“DOCCS”) at Eastern Correctional Facility, filed this 42 U.S.C. § 1983 action alleging, inter alia, that defendants violated his First Amendment rights by interfering with his mail and his access to the courts, and by retaliating against him for the exercise of those rights. Dkt. No. 1. Following some preliminary motion practice and a period of discovery, defendants moved under Federal Rule of Civil Procedure (“Rule”) 56 for summary judgment on all of plaintiff's remaining claims. Dkt. No. 43.
On July 15, 2021, U.S. Magistrate Judge Andrew T. Baxter advised by Report & Recommendation (“R&R”) that defendants' motion be granted and that plaintiff's complaint be dismissed. Dkt. No. 56. Plaintiff has filed objections to the R&R. Dkt. No. 57.
Upon de novo review of the portions to which plaintiff has objected, the Report & Recommendation will be accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1)(C).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ADOPTED;
2. Defendants' motion for summary judgment is GRANTED; and
3. Plaintiff's complaint is DISMISSED.
The Clerk of the Court is directed to enter a judgment accordingly and to close the file.
IT IS SO ORDERED.