Harrison v. Broderick et al, No. 1:2018cv00821 - Document 43 (W.D.N.Y. 2022)

Court Description: DECISION AND ORDER granting 31 Motion for Judgment on the Pleadings; accepting Report and Recommendations re 36 Report and Recommendations. Signed by Hon. John L. Sinatra, Jr. on 11/8/2022. (CGJ)This was mailed to: Stoney Harrison.

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Harrison v. Broderick et al Doc. 43 Case 1:18-cv-00821-JLS-LGF Document 43 Filed 11/08/22 Page 1 of 3 JES DIST FILED UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK LOEWENGUi N DISTRIC STONEY HARRISON, V. KELLI BRODERICK, STEPHANY MILLER, JAMES JOHNSON, BISHME NELSON, FREDERICK KINTZEL, AND KEVIN BROWN, 18-CV-821 (JLS) (LGF) Defendants. DECISION AND ORDER Plaintiff Stoney Harrison commenced this action on July 27, 2018. Dkt. 1. Pursuant to an Order issued by District Judge Lawrence J. Vilardo on January 14, 2020 (Dkt. 11), Plaintiff filed an Amended Complaint on February 3, 2020. Dkt. 13. The Amended Complaint asserts claims under 42 U.S.C. § 1983 and alleges that Defendants violated his rights under the First Amendment and the Religious Land Use and Institutionalized Persons Act ("RLUIPA") in confiscating his religious pendant. Id. On February 7, 2020, Judge Vilardo issued an Order dismissing Plaintiffs claims for money damages against Defendants in their official capacities as barred by Eleventh Amendment immunity. Dkt. 14. The case was reassigned to the undersigned on September 15, 2020. Dkt. 21. On September 16, 2020, this Court referred the case to United States Magistrate Judge Leslie G. Foschio for all proceedings under 28 U.S.C. §§ 636(b)(l)(A), (B), and (C). Dkt. 22. Dockets.Justia.com Case 1:18-cv-00821-JLS-LGF Document 43 Filed 11/08/22 Page 2 of 3 Case 1:18-cv-00821-JLS-LGF Document 43 Filed 11/08/22 Page 3 of 3

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