Maldonado v. Evans et al

Filing 91

ORDER adopting Magistrate Judge H. Kenneth Schroeder, Jr.'s Report and Recommendation 81 as filed on September 26, 2014. Plaintiff's motion for summary judgment 62 is denied and defendants' motion for summary judgment 69 is granted. The Second Amended Complaint is dismissed in its entirety and the Clerk of the Court shall close the case. -CLERK TO FOLLOW UP- SO ORDERED. Signed by Hon. Richard J. Arcara on 3/27/15. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

ANGEL MALDONADO,
Plaintiff,
v.

ORDER
11-CV–717

ANDREA W. EVANS, Chairwoman & CEO,
New York State Division of Parole and
BRIAN FISCHER, Commissioner,
New York State Department of
Correctional Services,
Defendants.

The instant case, involving federal constitutional claims pursuant to 42
U.S.C. §1983, was referred to Magistrate Judge H. Kenneth Schroeder, Jr.
pursuant to 28 U.S.C. §636(b)(1). Plaintiff, who is proceeding pro se, claims that
defendants Evans and Fischer violated his constitutional rights and deprived him
of liberty by incarcerating him beyond his parole eligibility date. Plaintiff later
amended his complaint to add Livingston Correctional Facility Parole Officer
Diana Sherry and NYSDOP Field PO Susanna Mattingly. Both plaintiff and
defendants filed motions for summary judgment. (Dkt. Nos. 62 and 69).
On September 26, 2014, Magistrate Judge Schroeder issued a Report and
Recommendation recommending that plaintiff’s motion for summary judgment be
denied and that defendants’ motion for summary judgment be granted. (Dkt. No.
81). Plaintiff filed objections on December 10, 2014 (Dkt. No. 84), defendants

filed a response on January 7, 2015 (Dkt. No. 87), and plaintiff filed a reply on
March 10, 2015. The Court then deemed the matter submitted without oral
argument.
Pursuant to 28 U.S.C. §636(b)(1), this Court must make a de novo
determination of those portions of the Report and Recommendation to which
objections have been made. Upon de novo review, and after reviewing the
submissions from the parties, the Court hereby adopts the Magistrate Judge’s
recommendations in their entirety.
Accordingly, for the reasons set forth in Magistrate Judge Schroeder’s
Report and Recommendation, plaintiff’s motion for summary judgment is denied
and defendants’ motion for summary judgment is granted. The Second Amended
Complaint is dismissed in its entirety, and the Clerk of the Court is instructed to
close the case.

SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: March 27, 2015

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