Smith v. Jaynes, No. 9:2018cv01107 - Document 70 (N.D.N.Y 2020)
Court Description: DECISION AND ORDER: Based upon a de novo review of the portions of the # 67 Report-Recommendation to which plaintiff objected, the # 67 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that Defendant's # 49 motion for summary judgment in lieu of answer is DENIED WITHOUT PREJUDICE; and Defendant is directed to answer the sole First Amendment retaliation claim in plaintiff's Complaint within twenty (20) days of the date of this Decision and Order. Signed by Judge David N. Hurd on March 9, 2020. (Copy served via regular mail)(rep, )
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Smith v. Jaynes Doc. 70 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------CHARLES J. SMITH, Plaintiff, -v- 9:18-CV-1107 (DNH/DJS) JAYNES, Corrections Officer, Defendant. -------------------------------APPEARANCES: OF COUNSEL: CHARLES J. SMITH Plaintiff pro se 96-A-6765 Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 ERIK BOULE PINSONNAULT, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Charles J. Smith brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 4, 2020, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion for summary judgment in lieu of answer be denied without prejudice. Plaintiff timely filed objections to the Report- Dockets.Justia.com Recommendation. Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendant's motion for summary judgment in lieu of answer is DENIED WITHOUT PREJUDICE; and 2. Defendant is directed to answer the sole First Amendment retaliation claim in plaintiff's Complaint within twenty (20) days of the date of this Decision and Order. IT IS SO ORDERED. Dated: March 9, 2020 Utica, New York. -2-
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