Galberth v. Durkin, et al

Filing 41

ORDER adopting 39 Report and Recommendations; granting in part and denying in part 30 Motion to Dismiss for Failure to State a Claim. Signed by Judge Brenda K. Sannes on 12/31/14. (rjb, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
GREGORY GALBERTH,
Plaintiff,
v.

9:14 -CV-0115 (BKS/ATB)

C. Durkin, Sergeant, Clinton Correctional
Facility, et al.,
Defendants.
________________________________________________
APPEARANCES:

OF COUNSEL:

Gregory Galberth, Plaintiff pro se
03-A-0661
Great Meadow Correctional Facility
Box 51
Comstock, NY 12821
HON. ERIC T. SCHNEIDERMAN
Attorney for Defendants
Office of the New York State Attorney General
The Capitol
Albany, NY 12224

JOSHUA E. MCMAHON
Assistant Attorney General

BRENDA K. SANNES, U. S. DISTRICT JUDGE
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge
Andrew T. Baxter, duly filed on the 8th day of December, 2014. Following fourteen (14) days
from the service thereof, the Clerk has sent me the file. No objections were filed to the ReportRecommendation.
After careful review of all of the papers herein, including the Magistrate Judge’s Report-

Recommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety;
2. The defendants’ motion to dismiss (Dkt. No. 30) is GRANTED only to the extent that
plaintiff bases his claims on the Fourteenth Amendment;
3. The defendant’s motion to dismiss (Dkt. No. 30) is DENIED IN ALL OTHER
RESPECTS; and
4. The Clerk of the Court shall serve a copy of this Order upon all parties and the
Magistrate Judge assigned to this case.
IT IS SO ORDERED.

Dated: December 31, 2014
Syracuse, New York