Sheils v. Minogue et al

Filing 42

ORDER that 34 Report and Recommendations of Judge Treece filed 8/21/08 is adopted in its entirety. Signed by Judge Gary L. Sharpe on 3/25/09. (Attachments: # 1 report-recommendations) {order and copy of report-recommendations served via regular mail on plaintiff}(nas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________ KEVIN SHEILS, Plaintiff, v. R.J. MINOGUE, Commissioner's Hearing Officer; P. ANO, Tier Hearing Assistant; D. SELSKY, Director, Special Housing, Defendants. _________________________________ APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: Kevin Sheils Pro Se 99-A-5444 Elmira Correctional Facility P.O. Box 500 Elmira, NY 14902-0500 FOR THE DEFENDANTS: HON. ANDREW M. CUOMO New York Attorney General The Capitol Albany, NY 12224 Gary L. Sharpe U.S. District Judge CHARLES J. QUACKENBUSH Assistant Attorney General 9:06-CV-482 (GLS\RFT) MEMORANDUM-DECISION AND ORDER The above-captioned matter comes to this court following a ReportRecommendation and Order ("R&R") by Magistrate Judge Randolph F. Treece, filed August 21, 2008. (Dkt. No. 34.) The R&R1 recommended conditionally dismissing the complaint. Judge Treece specifically recommended that Sheils be required to inform the court within thirty days, from the adoption of the order, whether he intended to purse his conditions of confinement claims and forgo for all time his claims concerning the duration of his confinement. On January 6, 2009, Sheils responded and informed the court that he desired to "relinquish all future challenges regarding the [twelve] months loss of good time credits... to allow [the] complaint to proceed forward." (See Sheils Resp. p. 6; Dkt. No. 40.) Accordingly, the Report-Recommendation is adopted in its entirety, and the complaint survives in regards to his conditions of confinement. WHEREFORE, for the foregoing reasons, it is hereby ORDERED that the Report-Recommendation of Magistrate Judge Treece filed August 21, 2008, is adopted in its entirety; and it is further The Clerk is directed to append the R&R to this decision, and familiarity therewith is presumed. 1 2 ORDERED that the Clerk provide copies of this Order to all parties. IT IS SO ORDERED. Albany, New York March 25, 2009 3

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