Summary
finding that making the following threats to inmate for filing grievances was not sufficient adverse action: telling inmate in a "pissed off" tone of voice to "back off" or be "subjected to reprisals"; telling inmate that "you're going to regret ever filing that particular [grievance] because I'm going to . . . make you look like you snitched [another inmate] out . . . . Brace yourself because I'm going to get you"; telling inmate that "I can write whatever I want and say that is what you told me"; telling inmate to "back the fuck off . . . or else . . . wind up on the hospital"; and telling inmate his beating is going to be "sanction[ed] then cover[ed] up"
Summary of this case from Ford v. SmithOpinion
9:08-CV-0480 (LEK/DEP).
April 30, 2009
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on April 10, 2009, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 31).
Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Peebles' Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, it is hereby
ORDERED, that the Report-Recommendation (Dkt. No. 31) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants' Motion to dismiss (Dkt. No. 28) be GRANTED, in part, and that Plaintiff's first, second and third causes of action be DISMISSED in their entirety; that all claims against Defendants Malone, Bergmann and Miller be DISMISSED; that all damage claims, except those arising under the ADA, against Defendants in their official capacities be DISMISSED; all damage claims against Defendants in their individual capacities asserted under the ADA and section 504 be DISMISSED; that Plaintiff's sixth cause of action against Defendants Smith, Maley and Pico in their individual capacities be DISMISSED; but that Defendants' Motion otherwise be DENIED; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.