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Smith v. Goord

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 30, 2008

RANDOLPH SMITH, PLAINTIFF,
v.
GLENN GOORD, DEFENDANT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

In a Report and Recommendation dated July 30, 2007, Magistrate Judge Peebles recommended that the Court grant Defendant's motion for summary judgment. See Dkt. No. 22. Plaintiff has filed objections and supplemental objections to those recommendations (hereinafter referred to collectively as "objections"). See Dkt. Nos. 24, 26.

In his objections, Plaintiff raises many of the same arguments that he did in opposition to Defendant's motion for summary judgment. In addition, he asks the Court to grant him leave to amend his complaint to name other individuals as Defendants in this action. See Dkt. No. 24 at (unnumbered) 1. Plaintiff also requests that the Court permit him to conduct discovery so that he can obtain "grievances and complaints that were made and appealed to the defendant concerning the alleged constitutional violations. They are to be obtained from Central Office Review Committee ("CORC") along with other relevant document[s] relating to the grievances and complaints." See id. at (unnumbered) 4.

The Court has reviewed the file in its entirety and concurs with Magistrate Judge Peebles that Plaintiff had failed to raise an issue of fact regarding Defendant Goord's knowledge that the staff at Green Meadow Correctional Facility did not properly implement the TB testing policy and its prescribed religious exception. Moreover, in his objections, Plaintiff does nothing more than assert conclusory allegations that are insufficient to permit amendment of his complaint or to warrant any discovery.

Accordingly, the Court hereby

ORDERS that Magistrate Judge Peebles' July 30, 2007 Report and Recommendation is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further

ORDERS that Defendant's motion for summary judgment is GRANTED; and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and close this case.

IT IS SO ORDERED.

20080330

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