Greene v. Cayuga Correctional Facility et al

Filing 51

MEMORANDUM-DECISION AND ORDER: ORDERED that 46 REPORT AND RECOMMENDATION is adopted and accepted. ORDERED that 27 MOTION for Summary Judgment is granted and the complaint is dismissed with prejudice. ORDERED that 35 plaintiff's motion for interim relief is denied. Signed by Judge Norman A. Mordue on 9/19/12. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
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RICHARD M. GREENE,
Plaintiff,
-v-

9:11-CV-792 (NAM/DEP)

T. NAPOLI,
Defendant.
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APPEARANCES:
Richard M. Greene
10-A-4555
Cayuga Correctional Facility
P.O. Box 1186
Moravia, New York 13118
Plaintiff, pro se

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Hon. Eric T. Schneiderman, Attorney General of the State of New York
Roger W. Kinsey, Esq., Assistant New York State Attorney
The Capitol
Albany, New York 12224
Attorney for Defendant

Hon. Norman A. Mordue, U.S. District Judge:
MEMORANDUM-DECISION AND ORDER
In the sole remaining claim in this pro se action under 42 U.S.C. § 1983, plaintiff, an
inmate in the custody of New York Department of Corrections and Community Services, claims
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that defendant unlawfully intercepted and monitored his outgoing mail in violation of his
constitutional rights. Defendant moves (Dkt. No. 27) for summary judgment dismissing the
claim. Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States
Magistrate Judge David E. Peebles issued a Report and Recommendation recommending
summary judgment dismissing the action. Magistrate Judge Peebles further recommends that
plaintiff’s motion (Dkt. No. 35) for interim injunctive relief be denied. Plaintiff objects (Dkt. No.

49); accordingly, the Court reviews the matter de novo. 28 U.S.C. § 636(b)(1)(C).
The Report and Recommendation ably sets forth the facts, procedural background, and
applicable law. The Court adopts them and does not repeat them here. The Court agrees with
Magistrate Judge Peebles that the record establishes as a matter of law that the monitoring of
plaintiff’s incoming and outgoing mail, and the interception of a letter he wrote to his mother in
furtherance of a scheme to file fraudulent liens, was proper and related to a legitimate penological
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concern over detecting illegal conduct. The Court further agrees with Magistrate Judge Peebles
that defendant is entitled to qualified immunity in connection with his actions. Accordingly,
summary judgment is granted dismissing plaintiff’s claims. Plaintiff’s motion for interim
injunctive relief is denied.
It is therefore

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ORDERED that the Report and Recommendation (Dkt. No. 46) of United States
Magistrate Judge David E. Peebles is adopted and accepted; and it is further
ORDERED that defendant’s motion (Dkt. No. 27) for summary judgment is granted and
the complaint is dismissed with prejudice; and it is further
ORDERED that plaintiff’s motion (Dkt. No. 35) for interim relief is denied; and it is
further

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ORDERED that the Clerk of the Court is directed to serve copies of this MemorandumDecision and Order in accordance with the Local Rules of the Northern District of New York.
IT IS SO ORDERED.
Date: September 19, 2012
Syracuse, New York

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