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Williams v. Bailey

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 27, 2010

WESELY WILLIAMS, PLAINTIFF,
v.
MARY BAILEY, CORRECTIONAL COUNSELOR/PROGRAM SUPERVISOR, B. SCHWEBLER, CORRECTIONAL COUNSELOR, D. MARTUSCELLO, DEPUTY SUPERINTENDENT/SECURITY, DAVID HALLENBECK, DEPUTY SUPERINTENDENT OF PROGRAM, ALL OF COXSACKIE CORRECTIONAL FACILITY; MRS. MARDON, CORRECTIONAL COUNSELOR/PROGRAM SUPERVISOR; KENNETH S. PERLMAN, DEPUTY COMMISSIONER PROGRAM SERVICES; AND DR. PAOLANO, DEFENDANT.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Plaintiff, Wesely Williams, commenced this civil rights action in June 2009, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 3, 2010, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion to dismiss (Docket No. 14) be granted in part, and that all claims set forth in plaintiff's complaint, with the exception of his cause of action against defendant Bailey and Mardon alleging deprivation of equal protection, be dismissed with leave to replead within thirty days of any order adopting the report and recommendation. The plaintiff has filed objections to the report-recommendation.

Based upon a de novo review of the entire file, including the portions of the Report-Recommendation to which plaintiff has objected, and the recommendations of Magistrate Judge Peebles, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Defendants' motion to dismiss (Docket No. 14) is GRANTED in part;

2. All claims set forth in plaintiff's complaint, with the exception of his cause of action against defendant Mary Bailey and Mrs. Mardon alleging deprivation of equal protection, are DISMISSED with leave to replead within thirty days of this order which adopts the report and recommendation.

2. The Clerk is directed to return the file to the Magistrate Judge for any further pretrial procedures.

IT IS SO ORDERED.

20100927

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