Murray v. Foster

Full title: ROBERT L. MURRAY, Plaintiff, v. CLAYTON FOSTER, Correctional Officer; JOHN…

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

Date published: Jul 6, 2010

9:09-CV-872 (LEK/GHL) (N.D.N.Y. Jul. 6, 2010)

Opinion

9:09-CV-872 (LEK/GHL).

July 6, 2010

DECISION AND ORDER

LAWRENCE KAHN, District Judge

This matter comes before the Court following a Report-Recommendation filed on June 11, 2010, by the Honorable George H. Lowe, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 21).

Within fourteen days after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Magistrate Judge Lowe's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 21) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendant's Motion to dismiss (Dkt. No. 16) is GRANTED in part and DENIED in part; and it is further

ORDERED, that Plaintiff's Fourteenth Amendment due process claim is dismissed without prejudice; and it is further

ORDERED, that Plaintiff's Eighth Amendment claim is dismissed without prejudice; and it is further

ORDERED, that Defendant Foster is directed to answer Plaintiff's First Amendment retaliation claim; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.