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Shaheen v. McIntyre

United States District Court, N.D. New York
Nov 5, 2007
9:05-CV-0173 (TJM/GHL) (N.D.N.Y. Nov. 5, 2007)
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Summary

finding that pro se civil rights plaintiff's complaint should not be effectively amended by his new allegations presented in his response to defendants' motion for summary judgment

Summary of this case from McChesney v. Bastien
See 5 Summaries

Opinion

9:05-CV-0173 (TJM/GHL).

November 5, 2007

DECISION ORDER

THOMAS McAVOY, District Judge

This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. George H. Lowe, 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 dated September 28, 2007 have been filed. Furthermore, after examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation for the reasons stated therein.

It is therefore,

ORDERED that Defendants' motion for summary judgment (Docket No. 28) is GRANTED and the complaint is DISMISSED as to all defendants.

IT IS SO ORDERED.

Summaries of

Shaheen v. McIntyre

United States District Court, N.D. New York
Nov 5, 2007
9:05-CV-0173 (TJM/GHL) (N.D.N.Y. Nov. 5, 2007)

finding that pro se civil rights plaintiff's complaint should not be effectively amended by his new allegations presented in his response to defendants' motion for summary judgment

Summary of this case from McChesney v. Bastien

finding that pro se civil rights plaintiff's complaint should not be effectively amended by his new allegations presented in his response to defendants' motion for summary judgment

Summary of this case from Fulmore v. Raimo

finding that pro se civil rights plaintiff's complaint should not be effectively amended by his new allegations presented in his response to defendants' motion for summary judgment

Summary of this case from Atkins v. Menard

finding defendants not estopped from raising Plaintiff's non-exhaustion as a defense based on plaintiff's allegation "that [he] was inhibited (through non-responsiveness) by [] unnamed officials at Coxsackie C.F.'s Inmate Grievance Program (or perhaps the Grievance Review Committee), and Coxsackie C.F. Deputy Superintendent of Security Graham" because plaintiff's complaint and "opposition papers . . . fail to contain any evidence placing blame on Defendants for the (alleged) failure to address his grievances and complaint letters"

Summary of this case from Murray v. Palmer

granting summary judgment on plaintiff's First Amendment retaliation claim upon the grounds of lack of evidence establishing a causal connection between plaintiff's litigation activities and defendants' searches of plaintiff's prison cell or defendants' filing of misbehavior reports against plaintiff

Summary of this case from Woodward v. Ali
Case details for

Shaheen v. McIntyre

Case Details

Full title:MARVIN SMITH SHAHEEN, Plaintiff, v. P. McINTYRE, Correction Officer; J…

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

Date published: Nov 5, 2007

Citations

9:05-CV-0173 (TJM/GHL) (N.D.N.Y. Nov. 5, 2007)

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