Nesmith v. Mount Vernon City School District et al

Filing 69

ORDER adopting 56 Report and Recommendations denying; 67 Motion for Miscellaneous Relief filed by Wayne N. Nesmith, denying; 37 Motion for Recusal filed by Wayne N. Nesmith, granting; 49 Motion to Dismiss, filed by Mount Vernon City School Di strict, granting; 16 Motion to Dismiss filed by New York State Workers' Compensation Board, granting; 43 Motion to Dismiss filed by Mount Vernon City School District, granting; 15 Motion to Dismiss, filed by New York State Workers' Co mpensation Board. This Court hereby concludes as follows: Defendants' motion to dismiss is hereby GRANTED and Plaintiff's Title VII claim, Eighth Amendment claim, First Amendment claim, and Fourteenth Amendment Due Process claim are therefo re hereby DISMISSED. Plaintiff's Fourteenth Amendment equal protection claim is DISMISSED without prejudice. Plaintiff's motion for attorney's fees is hereby DENIED. This Court concurs with the Report and Recommendation's denial of numerous pro se motions. Plaintiff's "Motion Demand Trial by Judge Upon the Magistrate Judge's Sua Sponte Recusal from Entering Judgment on Pleadings & Rule 11 Sanction" [dkt. no 37] is hereby DENIED. Plaintiff's "Motion to Invoke Title VII" [dkt no. 67] is hereby DENIED. (Signed by Judge Richard Owen on 6/26/2013) (tro)