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.
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United States District Judge
Dated: December 17, 2013
Utica, New York.