Summary
holding that the plaintiff could not "sustain a supervisory liability claim as there was no wrong for [the supervisor-defendant] to remedy since there [was] no constitutional violation"
Summary of this case from Santos v. WoodOpinion
9:05-CV-625 (GLS/RFT).
September 11, 2006
JORGE LINARES, Plaintiff, Pro Se, Malone, New York, FOR THE PLAINTIFF.
HON. ELIOT J. SPITZER, New York Attorney General, Albany, New York, FOR THE DEFENDANTS.
MARIA MORAN, Assistant Attorney General, OF COUNSEL.
ORDER
The above-captioned matter comes before this court following a Report-Recommendation issued by Magistrate Judge Randolf F. Treece on August 10, 2006. Despite the passage of ten days, no objections have been filed. Having reviewed the Report-Recommendation for clear error, see Almonte v. N.Y. State Div. of Parole, 9:04-CV-484, 2006 WL 149049 (N.D.N.Y. Jan. 18, 2006), and finding none, the court adopts Judge Treece's Report-Recommendation in its entirety.
WHEREFORE, it is hereby
ORDERED, that the Report-Recommendation filed on August 10, 2006 is ACCEPTED in its entirety for the reasons stated therein, and it is further
ORDERED, that defendants' motion to dismiss ( Dkt. No. 22) is GRANTED IN PART AND DENIED IN PART, and it is further
ORDERED, that defendants' motion to dismiss based on all the claims against the defendants in their official capacities is GRANTED, and it is further
ORDERED, that defendants' motion to dismiss based on plaintiff's First Amendment free exercise of religion claim is GRANTED, and it is further
ORDERED, that defendants' motion to dismiss based on plaintiff's First Amendment access to the law library claim is GRANTED, and it is further
ORDERED, that defendants' motion to dismiss based on plaintiff's First Amendment retaliation claim against Defendant Mahunik is DENIED, and it is further
ORDERED, that defendants' motion to dismiss based on plaintiff's supervisory liability claim for retaliation against Defendant Burge is DENIED, and it is further
ORDERED, that defendants' motion to dismiss based on plaintiff's failure to investigate claim against Defendant McLaughlin is GRANTED, and it is further
ORDERED, that defendants Mahunik and Burge submit answers to the Amended Complaint within twenty (20) days of the filing of this order, and it is further
ORDERED, that the Clerk of the Court provide a copy of this Order to the parties by regular mail.