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Tavares v. Amato

United States District Court, N.D. New York

June 18, 2013

PETER J. TAVARES, Plaintiff,
v.
MICHAEL J. AMATO, Sheriff; MICHAEL FRANKO, Jail Administrator; Defendants

Page 80

[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

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Peter J. Tavares, Plaintiff, Pro se, Fultonville, NY.

For Michael J. Amato, Sheriff, Defendant: Murry S. Brower, Office of Theresa J. Puleo, Albany, NY.

For Michael Franko, Jail Administrator, Defendants: Murry S. Brower, LEAD ATTORNEY, Office of Theresa J. Puleo, Albany, NY.

OPINION

Thomas J. Mcavoy, Senior United States District Judge.

Page 83

DECISION & ORDER

I. INTRODUCTION

This pro se action brought pursuant to 42 U.S.C. § 1983 was referred by this Court to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).

In his May 14, 2013 Report-Recommendation and Order, Magistrate Judge Hummel recommends that Plaintiff's motion for summary judgement (Dkt. No. 23) be DENIED and that Defendants' cross-motion for summary judgment (Dkt. No. 26) be GRANTED with respect to Tavares' First and Eighth Amendment claims, as well as any claims for due process stemming out of Tavares' initial segregation for five days during classification, but DENIED in all ...


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