Amaker et al v. Goord et al

Filing 316

ORDER adopting Report and Recommendation re 314 granting 300 Motion to expunge. Case is referred back to Magistrate Judge Schroeder for further proceedings. Signed by Hon. Richard J. Arcara on 8/27/2013. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

ANTHONY D. AMAKER,
and
RUHULLAH HIZBULLAH,
Plaintiffs,
ORDER
06-CV-490A

v.
COMMISSIONER GLENN S. GOORD,
et al.,
Defendants.
_____________________________________
GEORGE FLUELLEN,
Plaintiff,
V.
COMMISSIONER GLENN S. GOORD, et al.,
Defendants.

The above-referenced case was referred to Magistrate Judge H. Kenneth

Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On August 8, 2013, Magistrate
Judge Schroeder filed a Report and Recommendation, recommending that plaintiff
Anthony Amaker’s motion to expunge from his record any of the disciplinary charges
obtained in violation of his rights under the Religious Land Use and Institutionalized
Persons Act of 2000 (“RLUIPA”) and the First Amendment to the United States
Constitution [Dkt. No. 300], be granted.

The Court has carefully reviewed the Report and Recommendation, the
record in this case, and the pleadings and materials submitted by the parties, and no
objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons
set forth in Magistrate Judge Schroeder’s Report and Recommendation, plaintiff
Anthony Amaker’s motion to expunge from his record any of the disciplinary charges
obtained in violation of his rights under RLUIPA and the First Amendment [Dkt. No.
300] is granted.
The case is referred back to Magistrate Judge Schroeder for further
proceedings.
SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: August 27, 2013