Bowens v. Smith et al

Filing 23

ORDER: ORDERED that 22 Report and Recommendation is accepted in its entirety. ORDERED that defendants' motion to dismiss (Dkt. No. 19 ) is GRANTED IN PART, and the amended complaint is DISMISSED IN ITS ENTIRETY AS AGAINST DEFENDANTS F ISCHER, PRACK AND LECLAIRE and is DENIED IN PART, and plaintiff's amended complaint may proceed only as to plaintiff's PROCEDURAL DUE PROCESS and RELIGION CLAIMS as against defendant SMITH. Signed by Chief Judge Gary L. Sharpe on 1/8/13. (Attachments: # 1 r&r of Judge Baxter) {order served via regular mail on plaintiff}(nas )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------JERRY BOWENS
Plaintiff,
-v.Civil Action No.
9:11-cv-784 (GLS/ATB)
JOSEPH T. SMITH, et al.,
Defendants.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
JERRY BOWENS
09-A-5598
Plaintiff, pro se
Clinton Correctional Facility
P.O. Box 2002
Dannemora, New York 12929
FOR THE DEFENDANTS:
HON. ERIC T. SCHNEIDERMAN
Attorney General for the
State of New York
The Capitol
Albany, New York 12224
GARY L. SHARPE,
CHIEF JUDGE

RICHARD LOMBARDO, ESQ.

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Andrew T. Baxter, duly filed
December 7, 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
Andrew T. Baxter filed December 7, 2012 is ACCEPTED in its entirety for
the reasons state therein; and it is further
ORDERED that defendants’ motion to dismiss (Dkt. No. 19) is
GRANTED IN PART, and the amended complaint is DISMISSED IN ITS
ENTIRETY AS AGAINST DEFENDANTS FISCHER, PRACK AND
LECLAIRE; and it is further
ORDERED, that defendants’ motion to dismiss (Dkt. No. 19) is
DENIED IN PART, and plaintiff’s amended complaint may proceed only as
to plaintiff’s PROCEDURAL DUE PROCESS and RELIGION CLAIMS as
against defendant SMITH; and it is further
ORDERED, that the Clerk provide 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:

January 8, 2013
Albany, New York

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