Opinion
9:12-CV-0610 (DNH/RFT)
04-17-2013
RALPH BUCK PHILLIPS, Plaintiff, v. T. LAVALLEY, Superintendent, Clinton Correctional Facility, sued in personal and official capacity; M. LAMOUNTAIN, Correction Officer, Clinton Correctional Facility, sued in personal and official capacity; S. BROWN, Deputy Supt. Security, Clinton Correctional Facility, sued in personal and official capacity; C. DELUTIS, Sergeant (SHU), Clinton Correctional Facility, sued in personal and official capacity; J. LUDWIG, Sergeant, Clinton Correctional Facility, sued in personal and official capacity; M. LAFOUNTAIN, Correction Officer, Clinton Correctional Facility, sued in personal and official capacity; J. FARRELL, Correction Officer, Clinton Correctional Facility, sued in personal and official capacity; A. FRENYA, Correction Officer, Clinton Correctional Facility, sued in personal and official capacity; C. GADWAY, Correction Officer, Clinton Correctional Facility, sued in personal and official capacity; BEZIO, Correction Officer, Clinton Correctional Facility, sued in personal and official capacity; LECLAIRE, Correction Officer, Clinton Correctional Facility, sued in personal and official capacity; SEAN LILLEDAHL, Correction Officer, Clinton Correctional Facility, sued in personal and official capacity; MORROW, Correction Officer, Clinton Correctional Facility, sued in personal and official capacity; and JOHN DOE, Correction Officer, Clinton Correctional Facility, sued in personal and official capacity, Defendants.
APPEARANCES: RALPH BUCK PHILLIPS 06-B-3437 Plaintiff, Pro Se Upstate Correctional Facility OF COUNSEL: HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorneys for Defendants The Capitol LAURA A. SPRAGUE, ESQ. Ass't Attorney General
APPEARANCES: RALPH BUCK PHILLIPS
06-B-3437
Plaintiff, Pro Se
Upstate Correctional Facility
OF COUNSEL: HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorneys for Defendants
The Capitol
LAURA A. SPRAGUE, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On March 1, 2013, the Honorable Randolph F. Treece, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss be granted and ordered that plaintiff's cross-motion to amend be granted in part and denied in part. No objections to the Report-Recommendation were filed. Plaintiff filed an Amended Complaint on March 1, 2013.
Pursuant to Judge Treece's Report-Recommendation and Order, plaintiff's Amended Complaint, ECF No. 39 (with paragraphs 3(n)-3(q), 66-111, and 123-26 stricken), is now the operative pleading.
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. Defendants' motion to dismiss is GRANTED;
2. All claims against defendants LaValley and Brown are DISMISSED for lack of personal involvement; and
3. All claims for monetary damages against all defendants in their official capacities are DISMISSED pursuant to the Eleventh Amendment.
IT IS SO ORDERED.
________________________
United States District Judge
Dated: April 17, 2013
Utica, New York.