Summary
dismissing similar religious claim against a deputy superintendent of programs to whom plaintiff sent complaint letter, while upholding claims against line officers who ignored plaintiff's complaints
Summary of this case from Cantey v. MartuscelloOpinion
9:13-CV-01106 (DNH/DEP)
09-01-2015
JOSE RODRIGUEZ, Plaintiff, v. DAVID A. ROCK; MICHAEL J. LIRA; D. HAUG; TIMOTHY A. DEBYAH; SEAN PATTERSON; LAWRENCE W. LABARGE; Defendants.
APPEARANCES: JOSE RODRIGUEZ, 09-A-3150 Plaintiff, pro se Elmira Correctional Facility P.O. Box 500 Elmira, New York 14902 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Counsel for Defendants The Capitol Albany, NY 12224 OF COUNSEL: CHRISTOPHER W. HALL, ESQ.
APPEARANCES: JOSE RODRIGUEZ, 09-A-3150
Plaintiff, pro se
Elmira Correctional Facility
P.O. Box 500
Elmira, New York 14902
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Counsel for Defendants
The Capitol
Albany, NY 12224
OF COUNSEL: CHRISTOPHER W. HALL, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Jose Rodriguez filed this action on September 9, 2013. On July 28, 2015, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted in part and denied in part. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendant's motion for summary judgment (ECF No. 43) is GRANTED in part and DENIED in part; as follows:
(a) Plaintiff's RLUIPA claim asserted against all defendants is dismissed;
(b) Plaintiff's claims asserted against defendant Patterson are dismissed;
(c) Plaintiff's First Amendment claims asserted against defendants Lira, Haug and Rock are dismissed; and
(d) Defendant's motion with regards to Plaintiff's First Amendment claims asserted against defendants LaBarge and Debyah is denied and the matter shall set down for trial.
2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED.
/s/_________
United States District Judge
Dated: September 1, 2015
Utica, New York.