Washington v. Farooki et al

Filing 67

DECISION and ORDER: Court adopts the 58 Report-Recommendation for the reasons stated therein. It is, therefore, ORDERED that Defendants' Motion for Summary Judgement, Dkt. No. 51 , be DENIED; and upon sua sponte review by the Court any First Amendment claims asserted by Plaintiff are DISMISSED from this action. Signed by Senior Judge Thomas J. McAvoy on 7/2/103. (ptm) (Copy served on plaintiff by regular mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------JOHNNY WASHINGTON, a/k/a
JOHNNIE P. WASHINGTON ,
Plaintiff,
v.

9:11-CV-1137

T. FAROOKI, Dentist, Clinton Correctional
Facility; R. OLIVEIRA, Dentist, Clinton
Correctional Facility; DORIS, Clerk/Call-Out,
Clinton Correction Facility
Defendants1.
-------------------------------THOMAS J. McAVOY
United States District Judge
DECISION and ORDER
This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon.
Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation
pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
No objections to the May 15, 2013 Report-Recommendation have been raised.
After examining the record, this Court has determined that the Report-Recommendation is
not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the
Report-Recommendation for the reasons stated therein.

1

For the reasons outlined in Magistrate Judge Hummel’s Report and Recommendation, any and
all claims against Defendant “Doris” have been dismissed from this action.

It is, therefore, ORDERED that Defendants’ Motion for Summary Judgement, Dkt. No. 51, be
DENIED; and upon sua sponte review by the Court any First Amendment claims asserted by
Plaintiff2 are DISMISSED from this action.
IT IS SO ORDERED.
Dated:

July 2, 2013

2

In liberally construing Plaintiff’s Complaint, Magistrate Judge Hummel found a potential First
Amendment claim in Plaintiff’s Complaint. This claim was not addressed by Defendants, but, upon
review, is found to be without merit.
-2-