Ali v. Hogan et al

Filing 51

DECISION AND ORDER: The 50 Report and Recommendation is accepted in whole; the 43 Motion for Summary Judgment is granted. ORDERED that Plaintiff's remaining ADA and Rehabilitation Act claims are DISMISSED; Supplemental jurisdiction over the remaining state law claims is declined pursuant to 28 U.S.C. § 1367 and those claims are DISMISSED without prejudice and th complaint is DISMISSED in its entirety. Signed by Judge David N. Hurd on 12/2/14. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------JAMAAL ALI,
Plaintiff,
No. 9:12-CV-104
-v-

DR. MICHAEL F. HOGAN, Commissioner,
New York State Office of Mental Health; DR.
DONALD SAWYER, Executive Director; and
DR. TERRI MAXYMILLIAN, Sex Offender
Treatment Program Director; Central New
York Psychiatric Center,

Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

JAMAAL ALI
Plaintiff Pro Se
29635
CNY PC
PO Box 300
Marcy, NY 13403
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
Attorney for Defendants
The Capitol
Albany, NY 12224

MELISSA A. LATINO, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Jamaal Ali brought this civil rights action pursuant to 42 U.S.C. § 1983,

as well as Title II of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA")
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a) ("Rehabilitation Act"), New
York Mental Hygiene Law Section 7.18, and New York Human Rights Law Section 290 et
seq. On October 31, 2014, the Honorable Randolph F. Treece, United States Magistrate
Judge, advised by Report-Recommendation that defendants' motion for summary judgment
be granted, plaintiff's remaining ADA and Rehabilitation Act claims be dismissed, and
supplemental jurisdiction over plaintiff's state law claims be declined pursuant to 28 U.S.C. §
1367. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore, it is
ORDERED that
1. Plaintiff's remaining ADA and Rehabilitation Act claims are DISMISSED;
2. Supplemental jurisdiction over the remaining state law claims is declined
pursuant to 28 U.S.C. § 1367 and those claims are DISMISSED without prejudice;
3. The complaint is DISMISSED in its entirety; and
4. The Clerk close the file and serve a copy of this Decision and Order on plaintiff.
IT IS SO ORDERED.

Dated: December 2, 2014
Utica, New York.

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