Green v. Sears et al, No. 9:2010cv00121 - Document 59 (N.D.N.Y 2013)

Court Description: DECISION AND ORDER: ORDERED, that recommendations of the Magistrate Judge, the Report-Recommendation (Dkt. No. 55 ) is accepted in whole. ORDERED, that Jessmer's motion for summary judgment, Dkt. No. 45 , is GRANTED. ORDERED, that the remai ning defendants motion for summary judgment, Dkt. No. 48 is GRANTED in part and DENIED in part as follows; (A) Plaintiff's claim for retaliation in connection with the denial of his request to disburse $3,800 to his attorney Melvin Simensky as against defendants Patak and Kanaly survives; and (B) All other claims asserted by plaintiff are DISMISSED. Signed by Judge David N. Hurd on 3/14/13. (served on plaintiff by regular mail) (alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------NATHANIEL GREEN, Plaintiff, 9:10-CV-121 -v- MR. LAWRENCE SEARS, Superintendent, Ogdensburg Correctional Facility; MRS. A. CHARLEBOIS, Deputy Superintendent of Programs; MRS. PATRICIA BURNELL, Deputy Superintendent for Administrations; MR. LAWRENCE KANALY, Security Captain; MR. DOTY (Sgt); MR. LAFAYE (Sgt); MR. PATAK, (Sgt); MRS. HELGA ROSS, Inmate Record Coordinator; MRS. SUSAN MCLEAR, Inmate Accounts; MR. GERRY MOLNAR, Inmate Grievance Coordinator; MRS. A. BALDWIN, Correctional Counselor; MR. PHIL JESSMAN, Mail Room Clerk1; MR. BALCOM, Correction Officer; MR. FRARY, Correction Officer; and MR. CURRIER, Correction Officer, Defendants. -------------------------------APPEARANCES: OF COUNSEL: NATHANIEL GREEN Plaintiff pro se 09-R-2641 Wallkill Correctional Facility Box G Wallkill, NY 12589 HARRIS, CONWAY & DONOVAN, PLLC Counsel for Defendant Philip Jessmer 5 Clinton Square The Patroon Building Albany, NY 12207 1 MICHAEL C. CONWAY, ESQ. Defendant Philip Jessmer was incorrectly sued as "Phil Jessman." HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Counsel for the Remaining Defendants The Capitol Albany, NY 12224 C. HARRIS DAGUE, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On February 19, 2013, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised, by ReportRecommendation, that defendant Philip Jessmer's motion for summary judgment, Dkt. No. 45, be granted and that the remaining defendants' motion for summary judgment, Dkt. No. 48, be granted in part and denied in part. No objections to the Report-Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Therefore it is ORDERED that 1. Defendant Jessmer's motion for summary judgment, Dkt. No. 45, is GRANTED; 2. The remaining defendants motion for summary judgment , Dkt. No. 48 is GRANTED in part and DENIED in part, as follows: (A) Plaintiff's claim for retaliation in connection with the denial of his request to disburse $3,800 to his attorney Melvin Simensky as against defendants Patak and Kanaly survives; and -2- (B) All other claims asserted by plaintiff are DISMISSED. IT IS SO ORDERED. Dated: March 14, 2013 Utica, New York. -3-

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