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Smith v. Rock

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Dec 17, 2013
No. 9:12-CV-1153 (N.D.N.Y. Dec. 17, 2013)

Opinion

No. 9:12-CV-1153

12-17-2013

PAUL SMITH, Plaintiff, v. D. ROCK, Superintendent, Upstate Correctional Facility; DONALD UHLER, Deputy of Security, Upstate Correctional Facility; ANCTEL, Lieutenant, Upstate Correctional Facility; FIFIELD, Sergeant, Upstate Correctional Facility; GARY GETTMAN, Sergeant, Upstate Correctional Facility; FIZZAZIO, Officer, Upstate Correctional Facility; MITCHELL, Male Officer, Upstate Correctional Facility; T. RAMSDELL, Officer, Upstate Correctional Facility; THOMPSON, Officer, Upstate Correctional Facility; L. STICKNEY, Education Supervisor, Upstate Correctional Facility, Defendants.

PAUL SMITH, 00-A-2268 Plaintiff pro se HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants OF COUNSEL: CHRISTOPHER W. HALL, ESQ. Ass't Attorney General


APPEARANCES: PAUL SMITH, 00-A-2268
Plaintiff pro se
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
OF COUNSEL: CHRISTOPHER W. HALL, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge

DECISION and ORDER

Pro se plaintiff Paul Smith brought this action pursuant to 42 U.S.C. § 1983. On November 27, 2013, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss be granted in part and denied in part. No objections to the Report-Recommendation were 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. Defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED in part and DENIED in part;

2. All claims against defendants Fifield, Gettman, Fizzazio, Mitchell, Ramsdell, Thompson, and Rock are DISMISSED with leave to amend within thirty (30) days of the date of this Decision and Order;

3. Defendants Uhler, Anctel, and Stickney are directed to respond to the complaint; and

4. The Clerk serve a copy of this Decision and Order upon plaintiff.

IT IS SO ORDERED.

_______________

United States District Judge
Dated: December 17, 2013

Utica, New York.


Summaries of

Smith v. Rock

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Dec 17, 2013
No. 9:12-CV-1153 (N.D.N.Y. Dec. 17, 2013)
Case details for

Smith v. Rock

Case Details

Full title:PAUL SMITH, Plaintiff, v. D. ROCK, Superintendent, Upstate Correctional…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Dec 17, 2013

Citations

No. 9:12-CV-1153 (N.D.N.Y. Dec. 17, 2013)