Summary
upholding civil commitment facility's policy that prohibited plaintiff's receipt of pictures of children under age 18 "because many residents have committed sexual offenses against children and/or have deviant sexual arousal towards children"; "Restrictions on incoming mail containing pictures of minors in [an institution of civil commitment] where many residents have committed sexual offenses against children is a policy that is rationally related to legitimate government interests."
Summary of this case from Payne v. BrittenOpinion
9:08-CV-769 (NAM/RFT).
March 15, 2010
Willie James Yeldon, Plaintiff, Pro Se.
Adam Silverman, Esq., New York State Attorney General, The Capitol, Albany, NY.
MEMORANDUM-DECISION AND ORDER
Plaintiff brought this action under 42 U.S.C. § 1983. The complaint (Dkt. No. 1) alleges violations of his First, Fourth, Eighth, and Fourteenth Amendment rights stemming from several policies that were enforced during his civil confinement at the Central New York Psychiatric Center ("CNYPC") located in Marcy, New York, in 2008. Defendants moved for summary judgment dismissing the action (Dkt. No. 30). Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States Magistrate Judge Randolph F. Treece issued a thorough Report and Recommendation (Dkt. No. 37) recommending that summary judgment be granted and the complaint be dismissed.
Plaintiff has submitted an objection (Dkt. No. 38) to the Report and Recommendation. In view of plaintiff's objections, pursuant to 28 U.S.C. § 636(b)(1)(C), this Court conducts a de novo review. Upon de novo review, the Court adopts and accepts the Report and Recommendation in all respects.
It is therefore
ORDERED that United States Magistrate Judge Randolph F. Treece's Report and Recommendation (Dkt. No. 37) is accepted in its entirety; and it is further
ORDERED that defendants' motion for summary judgment (Dkt. No. 30) is granted the complaint (Dkt. No. 1) is dismissed in its entirety, and it is further
ORDERED that the Clerk enter judgment accordingly.
IT IS SO ORDERED.