From Casetext: Smarter Legal Research

Shuler v. Brown

United States District Court, N.D. New York
Mar 23, 2009
07-CV-0937 (N.D.N.Y. Mar. 23, 2009)
Download
PDF
Check
Treatment

Summary

recommending that the plaintiff's due process claim in which he only alleged that he was confined in keeplock for 60 days be dismissed with leave to amend

Summary of this case from Aikens v. Royce
See 2 Summaries

Opinion

07-CV-0937.

March 23, 2009

DECISION and ORDER

THOMAS McAVOY, District Judge

This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. George H. Lowe, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the February 2, 2009 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein. Defendant's motion for judgment on the pleadings is GRANTED and Plaintiff's Complaint is DISMISSED.

IT IS SO ORDERED.

Summaries of

Shuler v. Brown

United States District Court, N.D. New York
Mar 23, 2009
07-CV-0937 (N.D.N.Y. Mar. 23, 2009)

recommending that the plaintiff's due process claim in which he only alleged that he was confined in keeplock for 60 days be dismissed with leave to amend

Summary of this case from Aikens v. Royce

dismissing procedural due process claim for failing to state a claim of a prisoner that served less than 101 days in the SHU, but noting the conflict among district court about whether allegations regarding conditions of confinement are necessary to withstand a motion to dismiss

Summary of this case from Hollman v. Bartlett
Case details for

Shuler v. Brown

Case Details

Full title:ANTHONY SHULER, Plaintiff, v. BROWN, et al., Defendant

Court:United States District Court, N.D. New York

Date published: Mar 23, 2009

Citations

07-CV-0937 (N.D.N.Y. Mar. 23, 2009)

Citing Cases

Tubbs v. Venettozzi

Accordingly, the Court dismisses these claims with prejudice. See, e.g., Shuler v. Brown, No. 07-CV-0937,…

Tripathy v. Schneider

"[A] defendant may base such a motion on either or both of two grounds: (1) a challenge to the ‘sufficiency…

37 Citing Cases