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Johnson v. Doling

United States District Court, N.D. New York
Oct 17, 2007
Civ. No. 9:05-CV-376 (TJM/RFT) (N.D.N.Y. Oct. 17, 2007)

Summary

finding hostile exchanges between plaintiff and the hearing officer throughout the proceeding and adverse rulings did not constitute bias where plaintiff was otherwise provided the opportunity to testify, call witnesses, and raise objections

Summary of this case from Williams v. Korines

Opinion

Civ. No. 9:05-CV-376 (TJM/RFT).

October 17, 2007


DECISION ORDER


This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Randolph F. Treece, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the Report-Recommendation and Order dated September 17, 2007 have been filed. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation and Order for the reasons stated therein.

It is therefore,

ORDERED that Defendants' motion for summary judgment (Docket No. 34) is GRANTED and the complaint is DISMISSED as to all defendants.

IT IS SO ORDERED.


Summaries of

Johnson v. Doling

United States District Court, N.D. New York
Oct 17, 2007
Civ. No. 9:05-CV-376 (TJM/RFT) (N.D.N.Y. Oct. 17, 2007)

finding hostile exchanges between plaintiff and the hearing officer throughout the proceeding and adverse rulings did not constitute bias where plaintiff was otherwise provided the opportunity to testify, call witnesses, and raise objections

Summary of this case from Williams v. Korines

finding prisoners possess limited due process right to attend disciplinary hearings, but prison officials entitled to qualified immunity for ejecting prisoner from disciplinary hearing in 2002 because "neither the Supreme Court nor the Second Circuit has clearly articulated the right of prisoners to be present at disciplinary hearings . . . ."

Summary of this case from Williams v. Williams

stating that a hearing officer need not conduct an independent evaluation to verify a witness's refusal to testify

Summary of this case from Ayers v. Esgrow
Case details for

Johnson v. Doling

Case Details

Full title:ANDRE JOHNSON, Plaintiff, v. RICHARD DOLING, Hearing Officer, Great Meadow…

Court:United States District Court, N.D. New York

Date published: Oct 17, 2007

Citations

Civ. No. 9:05-CV-376 (TJM/RFT) (N.D.N.Y. Oct. 17, 2007)

Citing Cases

Williams v. Williams

Further, while several other circuits had found, prior to 2006, that such a right exists, see discussion…

Williams v. Korines

A plaintiff's disagreement with a hearing officer's ruling alone does not give rise to a finding of bias. See…