Summary
adopting Report-Recommendation which found that even though the guilty determination had been reversed administratively, because there was "some evidence" to support the defendant's decision to find the plaintiff prisoner guilty, the due process standard was satisfied
Summary of this case from Shabazz v. BezioOpinion
9:07-CV-1264.
January 11, 2010
VICTOR D. SMITH, Plaintiff, pro se, Sodus, New York.
ROGER W. KINSEY, ESQ., SHOSHANAH V. BEWLAY, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, New York.
DECISION and ORDER
Plaintiff, Victor Smith commenced this civil rights action in December 2007, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated November 24, 2009, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendants' motion for to dismiss for failure to state a claim (Docket No. 38) be granted without leave to amend. No objections to the Report-Recommendation have been filed.
Based upon a careful review of the entire file and the recommendations of Magistrate Judge Lowe, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. The defendants' motion to dismiss for failure to state a claim is GRANTED;
2. Plaintiffs' complaint is DISMISSED; and
4. The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.