Michel v. Manna et al, No. 9:2015cv01187 - Document 39 (N.D.N.Y 2017)
Court Description: DECISION AND ORDER: ORDERED that 1. Defendants' 23 Motion for Summary Judgment is GRANTED; 2. Plaintiff's First Amendment claim is DISMISSED; 3. Plaintiff's Equal Protection claim is DISMISSED without prejudice; 4. Plaintiff has t wenty (20) days in which to file an amended complaint asserting an Equal Protection claim which cures the deficiencies identified in the 31 Report-Recommendation. Signed by Judge David N. Hurd on 4/17/17. (served on plaintiff by regular mail)(alh, )
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Michel v. Manna et al Doc. 39 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DONALD MICHEL, Plaintiff, -v- 9:15-cv-1187 (DNH/ATB) SGT. MANNA, Correctional Sergeant, Auburn Correctional Facility; LT. TABATE, Hearing Officer, Auburn Correctional Facility; and HAROLD GRAHAM, Superintendent, Auburn Correctional Facility, Defendants. -------------------------------APPEARANCES: DONALD MICHEL 12-A-1124 Plaintiff pro se Clinton Correctional Facility P.O. Box 2000 Dannemora, NY 12929 HON. ERIC T. SCHNEIDERMAN New York State Attorney General - Syracuse Attorney for Defendants 615 Erie Boulevard West Suite 102 Syracuse, NY 13204 TIMOTHY P. MULVEY, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Donald Michel brought this civil rights action pursuant to 42 U.S.C. § 1983. On January 17, 2017, the Honorable Andrew T. Baxter, United States Magistrate Dockets.Justia.com Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted as to plaintiff's First Amendment claim, and that plaintiff's Equal Protection claim also be dismissed, without prejudice, sua sponte. Plaintiff filed untimely objections to the Report-Recommendation, despite having been given multiple extensions of time in which to do so. Though untimely, plaintiff's objections have been reviewed. Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff 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 for summary judgment is GRANTED; 2. Plaintiff's First Amendment claim is DISMISSED; 3. Plaintiff's Equal Protection claim is DISMISSED without prejudice; 4. Plaintiff has twenty (20) days in which to file an amended complaint asserting an Equal Protection claim which cures the deficiencies identified in the ReportRecommendation; and 5. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. IT IS SO ORDERED. Dated: April 17, 2017 Utica, New York. 2
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