Summary
holding 30 days SHU and keeplock confinement insufficient to create liberty interest
Summary of this case from Clark v. GardnerOpinion
9:06-CV-119.
September 30, 2008
KIRK OCHOA, Plaintiff, Pro se, c/o Jennifer Godfrey, Bronx, NY.
HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants Department of Law, Syracuse, NY.
SENTA B. SIUDA, ESQ., Asst. Attorney General.
DECISION and ORDER
Plaintiff, Kirk Ochoa, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 10, 2008, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that the defendants' motion for summary judgment (Dkt. No. 32) be granted; that plaintiff's retaliation claim be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); and that the plaintiff's complaint be dismissed. Objections to the Report-Recommendation have not been filed.
Based upon a careful review of the entire file and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Defendants' motion for summary judgment (Docket No. 32) is GRANTED;
2. Plaintiff's retaliation claim is DISMISSED; and
3. Plaintiff's complaint is DISMISSED.
The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.