Smith v. Jaynes

Mar 9, 2020
9:18-cv-01107
Reporters:
,
Before:
David N. Hurd

APPEARANCES: OF COUNSEL:

CHARLES J. SMITH Plaintiff pro se 96-A-6765 Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051

HON. LETITIA JAMES ERIK BOULE PINSONNAULT, ESQ. Attorney General for the State of New York Ass‘t Attorney General Attorney for Defendant The Capitol Albany, NY 12224

DAVID N. HURD United States District Judge

DECISION and ORDER

Pro se plaintiff Charles J. Smith brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 4, 2020, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that defendant‘s motion for summary judgment in lieu of answer be denied without prejudice. Plaintiff timely filed objections to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).

Therefore, it is

ORDERED that

  1. Defendant‘s motion for summary judgment in lieu of answer is DENIED WITHOUT PREJUDICE; and
  2. Defendant is directed to answer the sole First Amendment retaliation claim in plaintiff‘s Complaint within twenty (20) days of the date of this Decision and Order.

IT IS SO ORDERED.

DAVID N. HURD

United States District Judge

Dated: March 9, 2020 Utica, New York.