UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
March 25, 2009
KEVIN SHEILS, PLAINTIFF,
R.J. MINOGUE, COMMISSIONER'S HEARING OFFICER; P. ANO, TIER HEARING ASSISTANT; D. SELSKY, DIRECTOR, SPECIAL HOUSING, DEFENDANTS.
The opinion of the court was delivered by: Gary L. Sharpe U.S. District Judge
MEMORANDUM-DECISION AND ORDER
The above-captioned matter comes to this court following a Report-Recommendation and Order ("R&R") by Magistrate Judge Randolph F. Treece, filed August 21, 2008. (Dkt. No. 34.) The R&R*fn1 recommended conditionally dismissing the complaint. Judge Treece specifically recommended that Sheils be required to inform the court within thirty days, from the adoption of the order, whether he intended to purse his conditions of confinement claims and forgo for all time his claims concerning the duration of his confinement. On January 6, 2009, Sheils responded and informed the court that he desired to "relinquish all future challenges regarding the [twelve] months loss of good time credits... to allow [the] complaint to proceed forward." (See Sheils Resp. p. 6; Dkt. No. 40.) Accordingly, the Report-Recommendation is adopted in its entirety, and the complaint survives in regards to his conditions of confinement.
WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that the Report-Recommendation of Magistrate Judge Treece filed August 21, 2008, is adopted in its entirety; and it is further
ORDERED that the Clerk provide copies of this Order to all parties.
IT IS SO ORDERED.