Barnes v. Annucci et al

Filing 78

ORDER: ORDERED that the Report and Recommendation (Dkt. No. 76 ) is ADOPTED in its entirety. ORDERED that Barnes' second amended complaint (Dkt. No. 72 ) is accepted for filing. ORDERED that the fourth, seventh, and ninth causes of action asserted in the second amended complaint (Dkt. No. 72) are DISMISSED WITH PREJUDICE. ORDERED that defendants Borowski, Janora, Waters, Bell, Narkiewicz, West, and Frazier are DISMISSED from this action. ORDERED that the following claims may pro ceed: (1) Fourteenth Amendment procedural due process claim against defendants Coveny, Whitford, and McKeighan; (2) First Amendment free speech claim against defendants Ollies and Mahuta; (3) First Amendment free exercise claim against Mahuta; and (4) Fourteenth Amendment procedural due process claims against defendants Annucci and Venetozzi in their supervisory capacities. Signed by Senior Judge Gary L. Sharpe on 10/19/17. (served on plaintiff by regular mail)(alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
ARRELLO BARNES,
Plaintiff,

9:15-cv-777
(GLS/DEP)

v.
KENNETH MCMEIGHAN et al.,
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
Arrello Barnes
Pro Se
00-A-0597
Shawangunk Correctional Facility
P.O. Box 700
Wallkill, NY 12589
FOR THE DEFENDANT:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
The Capitol
Albany, NY 12224

COLLEEN D. GALLIGAN
Assistant Attorney General

Gary L. Sharpe
Senior District Judge
ORDER
On September 22, 2017, Magistrate Judge David E. Peebles filed a

Report and Recommendation (R&R), which recommends that plaintiff pro
se Arello Barnes’ second amended complaint be accepted for filing, but
that certain claims and defendants be dismissed. (Dkt. No. 76.) Pending
before the court are Barnes’ objections. (Dkt. No. 77.)
Barnes’ objections, consisting of just a handful of sentences, are
general and merit review for clear error only. See Almonte v. N.Y.S. Div. of
Parole, No. Civ. 904CV484, 2006 WL 149049, at *5-*6 (N.D.N.Y. Jan. 18,
2006). After careful consideration of the R&R and Barnes’ general
objections to it, the court finds no clear error and adopts the R&R, (Dkt.
No. 76), in its entirety.
Accordingly, it is hereby
ORDERED that the Report and Recommendation (Dkt. No. 76) is
ADOPTED in its entirety; and it is further
ORDERED that Barnes’ second amended complaint (Dkt. No. 72) is
accepted for filing; and it is further
ORDERED that the fourth, seventh, and ninth causes of action
asserted in the second amended complaint (Dkt. No. 72) are DISMISSED
WITH PREJUDICE; and it is further
ORDERED that defendants Borowski, Janora, Waters, Bell,
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Narkiewicz, West, and Frazier are DISMISSED from this action; and it is
further
ORDERED that the following claims may proceed: (1) Fourteenth
Amendment procedural due process claim against defendants Coveny,
Whitford, and McKeighan; (2) First Amendment free speech claim against
defendants Ollies and Mahuta; (3) First Amendment free exercise claim
against Mahuta; and (4) Fourteenth Amendment procedural due process
claims against defendants Annucci and Venetozzi in their supervisory
capacities; and it is further
ORDERED that the clerk provide a copy of this Order to the parties in
accordance with the Local Rules of Practice.
IT IS SO ORDERED.
October 19, 2017
Albany, New York

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