McChesney v. Hogan et al, No. 9:2008cv01186 - Document 50 (N.D.N.Y 2012)
Court Description: MEMORANDUM DECISION AND ORDER: ORDERED that the Report-Recommendation (Dkt. No. 49 ) is accepted in its entirety; and it is further ORDERED that the defendants' motion for summary judgment (Dkt. No. 38 ) is granted and the complaint is d ismissed with prejudice; and it is further ORDERED that the Clerk is directed to enter judgment accordingly; and it is further ORDERED the Clerk is directed to serve a copy of this Memorandum-Decision and Order on all parties and Magistrate Judge Peebles in accordance with the Local Rules. Signed by Judge Norman A. Mordue on 8/23/2012. (ptm) (Copy served on plaintiff by regular mail)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ DAVID McCHESNEY, Plaintiff, vs. 9:08-CV-1186 (NAM/DEP) N MICHAEL F. HOGAN, Commissioner, New York State Office of Mental Health, et al., Defendants. ________________________________________________ APPEARANCES: OF COUNSEL: A DAVID McCHESNEY 25527-604 CNY Psychiatric Center P.O. Box 300 Marcy, New York 13403 Plaintiff, pro se HON. ERIC T. SCHNEIDERMAN Office of the Attorney General State of New York Department of Law The Capitol Albany, New York 12224 Counsel for Defendants ADELE TAYLOR-SCOTT, ESQ. Assistant Attorney General M NORMAN A. MORDUE, U. S. DISTRICT JUDGE MEMORANDUM-DECISION AND ORDER The above matter comes to me following a Report-Recommendation (Dkt. No. 49) by Magistrate Judge David E. Peebles, filed July 30, 2012, recommending that this Court grant defendants motion (Dkt. No. 38) for summary judgment dismissing the sole remaining cause of action in plaintiff s pro se civil rights complaint under 42 U.S.C. ยง 1983. In this cause of action, plaintiff, a convicted sex offender who has been civilly committed to the Central New York Psychiatric Center for participation in sex offender treatment, alleges that his compulsory participation in the Sex Offender Treatment Program violates his First Amendment rights, because the program is partially based on religious tenets. In the Report and Recommendation, Magistrate Judge Peebles conducts a thorough and thoughtful review of the Sex Offender Treatment Program materials in light of First Amendment principles, and finds no constitutional infirmity. Plaintiff interposes no objection. The Court N adopts the Report and Recommendation in full. It is therefore ORDERED that the Report-Recommendation (Dkt. No. 49) is accepted in its entirety; and it is further ORDERED that the defendants motion for summary judgment (Dkt. No. 38) is granted A and the complaint is dismissed with prejudice; and it is further ORDERED that the Clerk is directed to enter judgment accordingly; and it is further ORDERED the Clerk is directed to serve a copy of this Memorandum-Decision and Order on all parties and Magistrate Judge Peebles in accordance with the Local Rules. IT IS SO ORDERED. M Date: August 23, 2012 Syracuse, New York 2
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