Porter et al v. Graham et al
Filing
199
DECISION AND ORDER: ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 194 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 186 ) is DENIED without prejudice to refiling upon the submission of a properly supported motion for summary judgment. Signed by Chief Judge Glenn T. Suddaby on 4/19/16.{order served via regular mail on plaintiff} (nas )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________
AMIN B. BOOKER, a/k/a Amin Booker;
PAUL COLON; and LAWRENCE WILSON,
Plaintiffs,
v.
9:13-CV-1342
(GTS/ATB)
HAROLD GRAHAM, Superintendent, Auburn Corr.
Facility; JUSTIN THOMAS, Deputy Superintendent
of Programs at Auburn Corr. Facility; GRAFTON
ROBINSON, Deputy Superintendent of Security at
Auburn Corr. Facility; JOHN DOE #1, Corr. Officer,
Auburn Corr. Facility; JOHN DOE #2, Corr. Officer,
Auburn Corr. Facility; DONNA MARTIN, Food Serv.
Admin. at Auburn Corr. Facility; CAPTAIN FAGAN,
Auburn Corr. Facility; ARRIA, Corr. Officer, Auburn
Corr. Facility; D. CARPENTER, Corr. Officer,
Auburn Corr. Facility; GRIFFIN, Corr. Officer,
Auburn Corr. Facility; and STEVENS, Corr. Officer,
Auburn Corr. Facility,
Defendants.
______________________________________________
APPEARANCES:
AMIN B. BOOKER, 98-A-6245
Plaintiff, Pro Se
Elmira Correctional Facility
Elmira, New York 14902
PAUL COLON, 03-A-5813
Plaintiff, Pro Se
Fishkill Correctional Facility
Beacon, New York 12508
LAWRENCE WILSON, 88-C-0777
Plaintiff, Pro Se
Wende Correctional Facility
Alden, New York 14004
OF COUNSEL:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
Counsel for Defendants
The Capitol
Albany, New York 12224
ADRIENNE J. KERWIN, ESQ.
Assistant Attorney General
GLENN T. SUDDABY, Chief United States District Judge
DECISION and ORDER
Currently before the Court, in this pro se prisoner civil rights action filed by Amin B.
Booker, Paul Colon, and Lawrence Wilson (“Plaintiffs”) against the above-captioned employees
of the New York State Department of Corrections (“Defendants”) arising from alleged religiousrights violations while Plaintiffs were inmates at Auburn Correctional Facility in Auburn, New
York, are Defendants’ motion to dismiss Plaintiffs’ Amended Complaint for failure to state a
claim upon which relief can be granted and United States Magistrate Judge Andrew T. Baxter’s
Report-Recommendation recommending that Defendants’ motion to dismiss be denied without
prejudice to refiling upon the submission of a properly supported motion for summary judgment.
(Dkt. Nos. 186, 194.) None of the parties have filed objections to the Report-Recommendation
and the deadline in which to do so has expired. (See generally Docket Sheet.) After carefully
reviewing the relevant papers herein, including Magistrate Judge Baxter’s thorough ReportRecommendation, the Court can find no clear-error in the Report-Recommendation.1 Magistrate
Judge Baxter employed the proper standards, accurately recited the facts, and reasonably applied
1
When no objection is made to a report-recommendation, the Court subjects that
report-recommendation to only a clear error review. Fed. R. Civ. P. 72(b), Advisory Committee
Notes: 1983 Addition. When performing such a “clear error” review, “the court need only
satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.” Id.; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1
(S.D.N.Y. July 31, 1995) (Sotomayor, J.) (“I am permitted to adopt those sections of [a
magistrate judge’s] report to which no specific objection is made, so long as those sections are
not facially erroneous.”) (internal quotation marks omitted).
2
the law to those facts. As a result, the Report-Recommendation is accepted and adopted in its
entirety for the reasons set forth therein; and Defendants’ motion to dismiss is denied without
prejudice to refiling upon the submission of a properly supported motion for summary judgment.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter’s Report-Recommendation (Dkt. No. 194) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Defendants’ motion to dismiss for failure to state a claim (Dkt. No. 186)
is DENIED without prejudice to refiling upon the submission of a properly supported motion
for summary judgment
Dated: April 19, 2016
Syracuse, New York
____________________________________
HON. GLENN T. SUDDABY
United States District Judge
3
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