Washington v. Farooki et al, No. 9:2011cv01137 - Document 67 (N.D.N.Y 2013)

Court Description: DECISION and ORDER: Court adopts the 58 Report-Recommendation for the reasons stated therein. It is, therefore, ORDERED that Defendants' Motion for Summary Judgement, Dkt. No. 51 , be DENIED; and upon sua sponte review by the Court any First Amendment claims asserted by Plaintiff are DISMISSED from this action. Signed by Senior Judge Thomas J. McAvoy on 7/2/103. (ptm) (Copy served on plaintiff by regular mail)

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Washington v. Farooki et al Doc. 67 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JOHNNY WASHINGTON, a/k/a JOHNNIE P. WASHINGTON , Plaintiff, v. 9:11-CV-1137 T. FAROOKI, Dentist, Clinton Correctional Facility; R. OLIVEIRA, Dentist, Clinton Correctional Facility; DORIS, Clerk/Call-Out, Clinton Correction Facility Defendants1. -------------------------------THOMAS J. McAVOY United States District Judge DECISION and ORDER This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the May 15, 2013 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein. 1 For the reasons outlined in Magistrate Judge Hummel s Report and Recommendation, any and all claims against Defendant Doris have been dismissed from this action. Dockets.Justia.com It is, therefore, ORDERED that Defendants Motion for Summary Judgement, Dkt. No. 51, be DENIED; and upon sua sponte review by the Court any First Amendment claims asserted by Plaintiff2 are DISMISSED from this action. IT IS SO ORDERED. Dated: July 2, 2013 2 In liberally construing Plaintiff s Complaint, Magistrate Judge Hummel found a potential First Amendment claim in Plaintiff s Complaint. This claim was not addressed by Defendants, but, upon review, is found to be without merit. -2-

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