Opinion
9:14-cv-811 (GLS/DEP)
11-08-2016
JONATHAN JOHNSON, Plaintiff, v. RICHARD ADAMS et al., Defendants.
APPEARANCES: FOR THE PLAINTIFF: Johnathan Johnson Pro Se 89-A-1042 Upstate Correctional Facility P.O. Box 2001 Malone, NY 12953 FOR THE DEFENDANTS: Hon. Eric T. Schneiderman New York State Attorney General Main Place Tower 350 Main Street Suite 300A Buffalo, NY 14202 OF COUNSEL: DAVID J. SLEIGHT Assistant Attorney General
APPEARANCES:
FOR THE PLAINTIFF:
Johnathan Johnson
Pro Se
89-A-1042
Upstate Correctional Facility
P.O. Box 2001
Malone, NY 12953 FOR THE DEFENDANTS:
Hon. Eric T. Schneiderman
New York State Attorney General
Main Place Tower
350 Main Street
Suite 300A
Buffalo, NY 14202
OF COUNSEL:
DAVID J. SLEIGHT
Assistant Attorney General Gary L. Sharpe Senior District Judge ORDER
The above-captioned matter comes to this court following a Report and Recommendation (R&R) by Magistrate Judge David E. Peebles, duly filed on July 25, 2016. (Dkt. No. 54.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
Plaintiff pro se Jonathan Johnson filed objections to the R&R. (Dkt No. 55.) In that filing, Johnson confusingly alleges that the R&R contains misstatements of fact and that its recommendation as to defendants Richard Adams and Patrick Johnston is contrary to Grullon v. City of New Haven, 720 F.3d 133 (2d Cir. 2013), and Chavis v. Chappius, 618 F.3d 162 (2d Cir. 2010). (Dkt. No. 55.) Johnson's objections are conclusory and/or irrelevant. The objections, to the extent they are deserving of de novo review, see Almonte v. N.Y.S. Div. of Parole, No. Civ. 904CV484, 2006 WL 149049, at *6-7 (N.D.N.Y. Jan. 18, 2006), are rejected for precisely the reasons articulated in the R&R. The R&R is otherwise free from clear error, id. at *6, and is therefore adopted.
ORDERED that the Report and Recommendation (Dkt. No. 54) is ADOPTED in its entirety; and it is further
ORDERED that defendants' motions for summary judgment (Dkt. Nos. 43, 48), are GRANTED; and it is further
ORDERED that the complaint (Dkt. No. 4) is DISMISSED in its entirety; and it is further
ORDERED that the Clerk close this case; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties in accordance with this court's Local Rules.
IT IS SO ORDERED.
November 8, 2016
Albany, New York
/s/_________
Gary L. Sharpe
U.S. District Judge