Anderson v. Connell et al, No. 9:2008cv00176 - Document 42 (N.D.N.Y 2009)
Court Description: DECISION and ORDER: DECISION and ORDER: ORDERED that the 39 Report-Recommendation is accepted and adopted in all respects: The defendants' 31 motion to dismiss is GRANTED as to defendant Ms. Connell; The amended complaint is DISMISSED as to defendant Ms. Connell; The defendants' motion to dismiss is GRANTED as to the due process claim based on (a) a biased hearing officer, and (b) false misbehavior reports; The defendants' motion to dismiss is DENIED in all other respects; A conference has been scheduled for November 30, 2009, at 12:30 p.m. at the United States Courthouse in Utica, New York, to issue a trial date. Signed by Judge David N. Hurd on 9/28/2009. {Decision & Order served on plaintiff via regular mail} (mgh)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------DERRICK ANDERSON, Plaintiff, vs 9:08-CV-176 MS. CONNELL, Superintendent; P. NAUGHTON, Deputy of Security; B. SHARPSTENE, Correction Officer; D.S. HULL, Correction Officer; and SGT. FREY, Sergeant; All of Oneida Correctional Facility, Defendants. -----------------------------------APPEARANCES: OF COUNSEL: DERRICK ANDERSON Plaintiff, Pro Se 75 Hastings Street Buffalo, NY 14215 HON. ANDREW M. CUOMO Attorney General of the State of New York Attorney for Defendants Department of Law The Capitol Albany, New York 12224 ADRIENNE J. KERWIN, ESQ. Asst. Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff, Derrick Anderson, brought this civil rights action in February 2008, pursuant to 42 U.S.C. ยง 1983. By Report-Recommendation dated August 3, 2009, the Honorable David R. Homer, United States Magistrate Judge, recommended that defendants motion to dismiss (Docket No. 31) be granted as to Connell and the amended complaint be dismissed as to her; granted as to Anderson s due process claim based on (a) a biased hearing officer and (b) false misbehavior reports and denied in all other respects. No objections to the Report-Recommendation have been filed. Based upon a careful review of the entire file and the recommendations of Magistrate Judge Homer, 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 is GRANTED as to defendant Ms. Connell; 2. The amended complaint is DISMISSED as to defendant Ms. Connell; 3. The defendants motion to dismiss is GRANTED as to the due process claim based on (a) a biased hearing officer, and (b) false misbehavior reports; 4. The defendants motion to dismiss is DENIED in all other respects; and 5. A conference has been scheduled for November 30, 2009, at 12:30 p.m. at the United States Courthouse in Utica, New York, to issue a trial date. IT IS SO ORDERED. Dated: September 28, 2009 Utica, New York. - 2 -
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