Opinion
9:16-CV-0167 (DNH/CFH)
03-21-2017
DRAHCIR PARSON, Plaintiff, v. NATHAN YORK, Sheriff, Warren County, ANTHONY J. ANNUCCI, Commissioner, and CHRISTOPHER MILLER, Superintendent, Great Meadow Correctional Facility; Defendants.
APPEARANCES: DRAHCIR PARSON Plaintiff, Pro Se 917 Altamont Ave. Schenectady, New York 12303 LEMIRE, JOHNSON LAW FIRM Attorneys for Defendant Nathan York P.O. Box 2485 2534 Route 9 Malta, New York 12020 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorneys for Defendants Anthony Annucci and Christopher Miller The Capitol Albany, New York 12224 OF COUNSEL: GREGG T. JOHNSON, ESQ. APRIL J. LAWS, ESQ. MARK G. MITCHELL, ESQ. Ass't Attorney General
APPEARANCES: DRAHCIR PARSON
Plaintiff, Pro Se
917 Altamont Ave.
Schenectady, New York 12303 LEMIRE, JOHNSON LAW FIRM
Attorneys for Defendant Nathan York
P.O. Box 2485
2534 Route 9
Malta, New York 12020 HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorneys for Defendants Anthony Annucci
and Christopher Miller
The Capitol
Albany, New York 12224 OF COUNSEL: GREGG T. JOHNSON, ESQ.
APRIL J. LAWS, ESQ. MARK G. MITCHELL, ESQ.
Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Drahcir Parson brought this civil rights action pursuant to 42 U.S.C. § 1983. On May 23, 2016, plaintiff amended his complaint. See ECF No. 18. On February 28, 2017, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that: (a) a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) made by defendant Nathan York (ECF No. 19) be granted and (b) a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) made by defendants Anthony Annucci and Christopher Miller (ECF No. 27) be granted in part and denied in part. No objections to the Report-Recommendation have been filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is ORDERED that:
(1) Defendant Nathan York's motion to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 19) is GRANTED;
(2) Defendants Anthony Annucci and Christopher Miller's motion to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 27) is GRANTED in part and DENIED in part;
(3) Plaintiff's Fourteenth Amendment claims regarding: (i) Parson's transfer to Great Meadows Correctional Facility against Annucci and (ii) unconstitutional due process claim against Miller, are DISMISSED;
(4) Plaintiff's Fourteenth Amendment claim against Miller regarding his eight month placement in administrative segregation at Great Meadows Correctional Facility REMAINS;
(5) Defendants Annucci and York are DISMISSED from this action; and
(6) The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: March 21, 2017
Utica, New York