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Weathers v. Rock

United States District Court, Second Circuit

May 16, 2013

ALBERT WEATHERS, Plaintiff,
v.
DAVID ROCK, et al, Defendants.

Albert Weathers 10-B-0094 Coxsackie Correctional Facility Coxsackie, NY Plaintiff Pro se

Cathy Y. Sheehan, Esq., Eric T. Schneiderman, Attorney General for the Assistant Attorney General, State of New York, The Capitol, Albany, New York, Attorney for Defendants.

ORDER

NORMAN A. MORDUE, District Judge.

The above matter comes to me following a Report-Recommendation by Magistrate Judge Andrew T. Baxter duly filed on the 23rd day of April 2013. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. The defendants' motion to dismiss (Dkt. No. 23) is granted in part and denied in part as follows:

a) The complaint is dismissed without prejudice as to defendant UHLER based on a lack of personal involvement;
b) The complaint is dismissed with prejudice as to the plaintiff's Fourth Cause of Action against defendant FORBES;
c) The complaint is dismissed without prejudice as against ALL DEFENDANTS as to plaintiff's claim that he was entitled to attend the Seder meal with other inmates;

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.


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