Johnson v. Rock et al, No. 9:2014cv00815 - Document 19 (N.D.N.Y 2014)
Court Description: DECISION AND ORDER: ORDERED that 16 Report and Recommendation is accepted and adopted in all respects. ORDERED that 2 Motion to Dismiss is GRANTED and the complaint is DISMISSED in its entirety as to all defendants with PREJUDICE. Defendants' motion for sanctions and plaintiff's motion for sanctions are DENIED. Signed by Judge David N. Hurd on 12/31/14. {order served via regular mail on plaintiff}(nas)
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Johnson v. Rock et al Doc. 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JOHNATHAN JOHNSON, Plaintiff, -v- No. 9:14-CV-815 (DNH/ATB) DAVID ROCK, Superintendent of Upstate Corr. Fac.; BRIAN FISCHER, Commissioner of DOCCS; ANTHONY CAROZZONI, Counsel Elmira Corr. Fac.; TRUDY LYNN-BOYEA, Counselor, Upstate Corr. Fac.; JOHN CARVILL, Classification Analyst, DOCCS; DOUGLAS BOTFORD, Director of Classification and Movement; THERESA KNAPP-DAVID, Classification and Movement; NORM BEZIO, Former Deputy Superintendent of Security, Upstate Corr. Fac.; and LUCIEN LECLAIRE JR., Former Deputy Commissioner of DOCCS, Defendants. -------------------------------APPEARANCES: OF COUNSEL: JOHNATHAN JOHNSON Plaintiff Pro Se 89-A-1042 Upstate Correctional Facility P.O. Box 2001 Malone, NY 12953 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 DAVID J. SLEIGHT, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge Dockets.Justia.com DECISION and ORDER Pro se plaintiff Johnathan Johnson brought this civil rights action pursuant to 42 U.S.C. § 1983. On December 3, 2014, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss be granted and the complaint be dismissed in its entirety as to all defendants with prejudice. He further recommended that defendants' motion for sanctions and plaintiff's motion for sanctions be denied. Plaintiff timely filed objections to the Report-Recommendation. Defendants responded to plaintiff's objections and seek reconsideration of one portion of the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommendation to which the parties objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' motion to dismiss is GRANTED and the complaint is DISMISSED in its entirety as to all defendants with PREJUDICE; 2. Defendants' motion for sanctions and plaintiff's motion for sanctions are DENIED; and 3. The Clerk is directed to enter Judgment accordingly, serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules and close the file. IT IS SO ORDERED. -2- Dated: December 31, 2014 Utica, New York. -3-
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