Perez v. Amato et al

Filing 27

DECISION and ORDER: ORDERED that 26 Report and Recommendation is adopted. ORDERED that 19 Motion for Summary Judgment is GRANTED in part and DENIED in part. The motion is GRANTED with respect to Plaintiff's First Amendment mail tampering and slander claims. Accordingly, those claims and are DISMISSED. The motion is DENIED in all other respects. Signed by Senior Judge Thomas J. McAvoy on 7/16/13. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------JOSE A. PEREZ,
Plaintiff,
v.

9:12-CV-623

MICHAEL J. AMATO, Sheriff; MICHAEL
FRANKO, Jail Administrator
Defendants.
-------------------------------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).
In the Report-Recommendation, Magistrate Judge Hummel recommended that
Defendants’ motion to dismiss be granted with respect to Plaintiff’s First Amendment mail
tampering claim and the state-law slander claims and denied in all other respects. No
objections to the June 13, 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.
It is hereby ORDERED that Defendants’ motion for summary judgment is
GRANTED in part and DENIED in part. The motion is GRANTED with respect to Plaintiff’s

First Amendment mail tampering and slander claims. Accordingly, those claims and are
DISMISSED. The motion is DENIED in all other respects.
IT IS SO ORDERED.
Dated: July 17, 2013

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