Selah v. Fischer, et al

Filing 126

ORDER: ORDERED that 125 Report and Recommendation is accepted in its entirety; ORDERED that 111 Motion to Dismiss is granted in part, and that plaintiff's claims against the DOCCS be DISMISSED, but that the motion is DENIED in all other respects. Signed by Chief Judge Gary L. Sharpe on 7/27/12. (Attachments: # 1 r&r of Judge Peebles) {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------SELAM SELAH
Plaintiff,
-v.Civil Action No.
9:09-cv-1363 (GLS/DEP)
BRIAN FISCHER, Commissioner; JUSTIN
TAYLOR, Superintendent; KAREN BELLAMY,
Director of DOCCS Inmate Grievance Program;
T. KILLIAN, Senior Chaplain; MARK
LEONARD, Director of Ministerial and
Family Services; ABUNA FOXE, DOCCS
Rastafarian Religious Advisor; CHERYL
MORRIS, Director of Ministerial Services;
FR. E. MANTZOURIS, Greek Orthodox
Christian Chaplain; and New York DOCCS,
Defendants.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
SELAM SELAH, Pro Se
08-B-2266
Clinton Correctional Facility
P.O. Box 2002
Dannemora, NY 12929
FOR DEFENDANTS:
HON. ERIC SCHNEIDERMAN
Office of the Attorney General
State of New York
Department of Law
The Capitol
Albany, New York 12224

MEGAN M. BROWN, ESQ.
Assistant Attorney General

GARY L. SHARPE,
CHIEF JUDGE
ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Dave E. Peebles, duly filed July 3,
2012. Following ten days from the service thereof, the Clerk has sent the
file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the
Magistrate Judge’s Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge
David E. Peebles filed July 3, 2012 is ACCEPTED in its entirety for the
reasons state therein, and it is further
ORDERED that defendants’ motion to dismiss plaintiff’s complaint
(Dkt. No. 111) is GRANTED, in part, and that his claims against the DOCCS
be DISMISSED, but that the motion is DENIED in all other respects ; and it
is further
ORDERED, that the Clerk of the Court is to serve a copy of this order
upon the parties in accordance with the court’s local rules.

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IT IS SO ORDERED
Dated:

July 27, 2012
Albany, New York

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