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Geer v. Lewis

United States District Court, N.D. New York

January 15, 2015

PAKENAUTH GEER, Plaintiff,
v.
LT. LEWIS, Washington Correctional Facility; SERGEANT BROWN, Washington Correctional Facility; SERGEANT MURPHY, Washington Correctional Facility; ST. MAIL CLERK WHORF, Washington Correctional Facility; and B. MCMILLIAN, Washington Correctional Facility, Defendants.

PAKENAUTH GEER, Comstock, NY, Plaintiff Pro Se.

DECISION & ORDER

DAVID N. HURD, District Judge.

Pro se plaintiff Pakenauth Geer brought this civil rights action pursuant to 42 U.S.C. § 1983. On December 22, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed for failure to state a claim but that he be permitted to file an amended complaint as to those claims dismissed without prejudice. No objections to the Report-Recommendation were filed. Plaintiff has since filed an amended complaint.

Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).

Therefore, it is

ORDERED that

1. Plaintiff's claims that he was denied due process by defendant Lt. Lewis and subjected to excessive force by defendant Sergeant Murphy are DISMISSED WITH PREJUDICE for failure to state a claim;

2. Plaintiff's claims that he was given a false misbehavior report by defendant McMillian and issued an inappropriate penalty by defendant Brown are DISMISSED WITHOUT PREJUDICE for failure to state a claim;

3. Plaintiff's amended complaint, filed on January 12, 2015, is referred back to Magistrate Judge Hummel for further review; and

4. The Clerk serve a copy of this Decision and Order on plaintiff.

IT IS SO ORDERED.


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