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Ochoa v. Carol DeSimone Inmate Records Coordinator

United States District Court, N.D. New York
Sep 30, 2008
9:06-CV-119 (N.D.N.Y. Sep. 30, 2008)

Summary

holding 30 days SHU and keeplock confinement insufficient to create liberty interest

Summary of this case from Clark v. Gardner

Opinion

9:06-CV-119.

September 30, 2008

KIRK OCHOA, Plaintiff, Pro se, c/o Jennifer Godfrey, Bronx, NY.

HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants Department of Law, Syracuse, NY.

SENTA B. SIUDA, ESQ., Asst. Attorney General.


DECISION and ORDER


Plaintiff, Kirk Ochoa, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 10, 2008, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that the defendants' motion for summary judgment (Dkt. No. 32) be granted; that plaintiff's retaliation claim be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); and that the plaintiff's complaint be dismissed. Objections to the Report-Recommendation have not been filed.

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

Accordingly, it is

ORDERED that

1. Defendants' motion for summary judgment (Docket No. 32) is GRANTED;
2. Plaintiff's retaliation claim is DISMISSED; and
3. Plaintiff's complaint is DISMISSED.

The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.


Summaries of

Ochoa v. Carol DeSimone Inmate Records Coordinator

United States District Court, N.D. New York
Sep 30, 2008
9:06-CV-119 (N.D.N.Y. Sep. 30, 2008)

holding 30 days SHU and keeplock confinement insufficient to create liberty interest

Summary of this case from Clark v. Gardner
Case details for

Ochoa v. Carol DeSimone Inmate Records Coordinator

Case Details

Full title:KIRK OCHOA, Plaintiff, v. CAROL DeSIMONE Inmate Records Coordinator…

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

Date published: Sep 30, 2008

Citations

9:06-CV-119 (N.D.N.Y. Sep. 30, 2008)

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