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)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK gggggggggggggggggggggggggggggggggggggggggggggggggggggggg RICHARD M. GREENE, Plaintiff, -v- 9:11-CV-792 (NAM/DEP) T. NAPOLI, Defendant. gggggggggggggggggggggggggggggggggggggggggggggggggggggggg N APPEARANCES: Richard M. Greene 10-A-4555 Cayuga Correctional Facility P.O. Box 1186 Moravia, New York 13118 Plaintiff, pro se A 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 M 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 N 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 A 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 M 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 -2-

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