Jones v. Onondaga County Resource Recovery Agency (OCRRA) et al

Filing 46

ORDER on Defefndant's 42 Motion for Summary Judgment. Defendant's motion is GRANTED, except as to defendant's application for an award of costs and attorney's fees pursuant to 42 U.S.C. 1988 and 2000e-5(k), which is DENIED; ORDERED that the clerk is directed to enter judgment dismissing plaintiff's claims with prejudice. Signed by Magistrate Judge David E. Peebles on 4/2/2015. (lah)[copy sent to plaintiff by regular mail]

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

RANDOLPH JONES,

Civil Action No.
5:13-CV-1425 (DEP)

Plaintiff,
v.
ONONDAGA COUNTY RESOURCE
RECOVERY AGENCY (OCRRA),
Defendant.

APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
RANDOLPH JONES, Pro Se
253 Houston Avenue
Syracuse, NY 13224
FOR DEFENDANT:
HARRIS BEACH PLLC
333 West Washington Street
Suite 200
Syracuse, NY 13202

TED H. WILLIAMS, ESQ.

ORDER
Currently pending before the court in connection with this matter,
which is before me on consent of the parties pursuant to 28 U.S.C. §
636(c), is a motion brought by the defendant seeking the entry of summary
judgment dismissing plaintiff's claims, and additionally requesting
dismissal of plaintiff's claim under 42 U.S.C. § 1983 for failure to state a

cause of action upon which relief may be granted. Dkt. No. 42. The
plaintiff, who is proceeding pro se, has opposed defendant's motion. Dkt.
No. 44.
Oral argument was conducted in connection with defendant's motion
on April 1, 2015. At the close of argument, I issued an oral decision
granting the motion and ordering dismissal of all of plaintiff's remaining
claims. Based upon the parties' written and oral submissions and the
court's bench decision, which is incorporated herein by reference, it is
hereby
ORDERED, that defendant's motion (Dkt. No. 42) be and hereby is
GRANTED, except as to defendant's application for an award of costs and
attorney's fees pursuant to 42 U.S.C. §§ 1988 and § 2000e-5(k), which is
DENIED; and it is further
ORDERED, that the clerk is respectfully directed to enter judgment
in the case dismissing plaintiff's claims in this action, with prejudice, and
closing the case.

Dated:

April 2, 2015
Syracuse, NY