Summary
noting that prison officials retain the "right to control inmate speech and other behavior through the imposition of measures reasonably calculated to preserve the safety and security of a prison facility, its employees and inmates, . . . even though such measures may impinge upon an inmate's ability to speak freely or to associate with others"
Summary of this case from Myers v. SempleOpinion
No. 9:04-CV-0983 (FJS/DEP).
March 12, 2008
FOR PLAINTIFF: WILLIAM ESCALARA, Pro Se.
FOR DEFENDANTS: BRUCE J. BOIVIN, ESQ., Assistant Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, The Capitol, Litigation Bureau, Albany, New York.
ORDER
Presently before the Court is Magistrate Judge David E. Peebles February 19, 2008 Report-Recommendation in which he recommends that defendants' motion for summary judgment dismissing plaintiff's complaint be granted and that plaintiff's complaint be dismissed in all respects, without prejudice as to defendants West, C. Lambard, Baldwin, and J. Roch, but otherwise with prejudice. The Court having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report-Recommendation having been filed, the Court
ORDERS that the Report-Recommendation of Magistrate Judge David E. Peebles filed February 19, 2008, is for the reasons stated therein, ACCEPTED in its entirety and the Court further
ORDERS that defendants' motion for summary judgment dismissing plaintiff's complaint is GRANTED, and that plaintiff's complaint is dismissed in all respects, without prejudice as to defendants West, C. Lambard, Baldwin, and J. Roch, but otherwise with prejudice, and the Court further
ORDERS that the Clerk of the Court is to enter judgment in favor of Defendants and close this case.