Grays v. Elmira Correctional Facility et al, No. 1:2013cv00532 - Document 78 (W.D.N.Y. 2017)

Court Description: DECISION and ORDER granting 41 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 68 Report and Recommendations. Plaintiff is granted leave to file an amended complaint only as directed by this decision wit hin thirty (30) days of the filing of this Decision and Order. If Plaintiff does not file an amended complaint as directed above, his First Amendment claim for retaliation is dismissed with prejudice. Signed by Hon. Elizabeth A. Wolford on 6/26/2017. (PFC) (A copy of this Decision and Order has been mailed to Plaintiff)