Clark v. Gardner et al, No. 9:2017cv00366 - Document 47 (N.D.N.Y 2018)

Court Description: DECISION AND ORDER: Based upon a de novo review of the portions of the Report-Recommendation to which defendants objected, the 45 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). ORDERED that 1. Defendants' 31 partial motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED in part and DENIED in part; 2. Defendants' partial motion to dismiss for failure to state a claim is GRA NTED regarding defendant Annucci's personal involvement in plaintiff's Fourteenth Amendment due process claim as it relates to the sixth and final disciplinary sanction but plaintiff is granted leave to amend to allege Annucci's person al involvement in the sixth and final disciplinary sanction; and 3. Defendants' partial motion to dismiss for failure to state a claim is DENIED as to plaintiff's alleging of an actual liberty interest as it pertains to his Fourteenth Amendment due process claim. Signed by Judge David N. Hurd on 8/30/18.{order served via regular mail on plaintiff}(nas, )