Opinion
Civil Action No. 9:09-cv-1363 (GLS/DEP)
07-27-2012
SELAM SELAH Plaintiff, v. BRIAN FISCHER, Commissioner; JUSTIN TAYLOR, Superintendent; KAREN BELLAMY, Director of DOCCS Inmate Grievance Program; T. KILLIAN, Senior Chaplain; MARK LEONARD, Director of Ministerial and Family Services; ABUNA FOXE, DOCCS Rastafarian Religious Advisor; CHERYL MORRIS, Director of Ministerial Services; FR. E. MANTZOURIS, Greek Orthodox Christian Chaplain; and New York DOCCS, Defendants.
FOR PLAINTIFF: SELAM SELAH, Pro Se FOR DEFENDANTS: HON. ERIC SCHNEIDERMAN Office of the Attorney General OF COUNSEL: MEGAN M. BROWN, ESQ. Assistant Attorney General
APPEARANCES:
FOR PLAINTIFF:
SELAM SELAH, Pro Se
FOR DEFENDANTS:
HON. ERIC SCHNEIDERMAN
Office of the Attorney General
OF COUNSEL:
MEGAN M. BROWN, ESQ.
Assistant Attorney General
GARY L. SHARPE,
CHIEF JUDGE
ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Dave E. Peebles, duly filed July 3, 2012. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed July 3, 2012 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED that defendants' motion to dismiss plaintiff's complaint (Dkt. No. 111) is GRANTED, in part, and that his claims against the DOCCS be DISMISSED, but that the motion is DENIED in all other respects ; and it is further
ORDERED, that the Clerk of the Court is to serve a copy of this order upon the parties in accordance with the court's local rules. IT IS SO ORDERED Dated: July 27, 2012
Albany, New York
______________
Gary L. Sharpe
Chief Judge
U.S. District Judge