Ford v. Fischer et al

Filing 46

DECISION and ORDER: The 43 Report and Recommendation is accepted and adopted in all respects. ORDERED that the defendants' motion to dismiss (Docket No. 32 ) is DENIED with respect to the First Amendment claim against defendants John Maly an d Joseph T. Smith relating to the continuation of the mail watch against plaintiff in 2008 and 2009; The defendants' motion to dismiss is DENIED with respect to the First Amendment claim against defendant Joseph T. Smith relating to his refusal to permit plaintiff to marry;Defendants' motion is GRANTED with respect to all other defendants and claims; Plaintiff's second amended complaint is DISMISSED with respect to all other defendants and claims. Signed by Judge David N. Hurd on 3/9/11. {order served via regular mail on all non-ecf parties}(nas)

motion to dismiss (Docket No. 32) be denied with respect to the First Amendment claim against defendant Maly and Smith relating to the continuation of the mail watch against plaintiff in 2008 and 2009, and the First Amendment claim against defendant Smith relating to his refusal to permit plaintiff to marry; and that defendants' motion be granted and plaintiff's second amended complaint be dismissed with respect to all other defendants and claims. The plaintiff has filed objections to the report-recommendation. Based upon a de novo review of the entire file, including the portions of the ReportRecommendation to which plaintiff has objected, and the recommendations of Magistrate Judge Baxter, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. The defendants' motion to dismiss (Docket No. 32) is DENIED with respect to the First Amendment claim against defendants John Maly and Joseph T. Smith relating to the continuation of the mail watch against plaintiff in 2008 and 2009; 2. The defendants' motion to dismiss is DENIED with respect to the First Amendment claim against defendant Joseph T. Smith relating to his refusal to permit plaintiff to marry; 3. Defendants' motion is GRANTED with respect to all other defendants and claims; 4. Plaintiff's second amended complaint is DISMISSED with respect to all other defendants and claims;

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5. The Clerk is directed to return the file to the Magistrate Judge for further scheduling and/or pretrial procedures regarding the remaining claims. IT IS SO ORDERED.

Dated: March 9, 2011 Utica, New York.

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