Jones v. Doe
Jones v. Doe
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________ MILTON E. JONES, Plaintiff, 9:18-cv-947 (GLS/DJS) v. MCCARTHY et al., Defendants. ________________________________ APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: Milton E. Jones Pro Se 88-B-2329 Attica Correctional Facility Box 149 Attica, NY 14011 FOR THE DEFENDANTS: HON. LETITIA JAMES KONSTANDINOS D. LERIS New York State Attorney General Assistant Attorney General The Capitol Albany, NY 12224 Gary L. Sharpe Senior District Judge ORDER On June 10, 2019, Magistrate Judge Daniel J. Stewart issued a Report-Recommendation and Order (R&R), which recommends that defendants’ motion for partial dismissal, (Dkt. No. 13), be granted. (Dkt. No. 23 at 7.) Pending before the court are plaintiff Milton E. Jones’
objections to the R&R. (Dkt. No. 24.) Jones’ objections consist wholly of irrelevant arguments about an issue that the R&R specifically did not reach. That is, Jones argues that
defendants had “personal knowledge of the ‘bird feces’ matter.” (Id. ¶¶ 3, 7-9, 11-12.) However, Judge Stewart was clear that the R&R related only to defendants’ lack of personal knowledge of the “non-bird related conditions in the mess hall,” and, as such, only recommended granting
defendants’ motion to the extent it was “limited to [Jones’] allegations regarding blood on the tables in the mess hall, the Cayuga County water supply, and the clothing provided to mess hall workers.” (R&R at 4, 7.)
Given that Jones’ arguments are devoid of any specific objections to the substance of Judge Stewart’s actual analysis, they trigger review for clear error only, of which the court finds none. See Almonte v. N.Y. State Div. of
Parole, No. Civ. 904CV484,
2006 WL 149049, at *5-6 (N.D.N.Y. Jan. 18, 2006). As such, the R&R, (Dkt. No. 24), is adopted in its entirety. Accordingly, it is hereby ORDERED that the Report-Recommendation and Order (Dkt. No.
2 23) is ADOPTED in its entirety; and it is further ORDERED that defendants’ motion for partial dismissal (Dkt. No. 13) is GRANTED; and it is further ORDERED that Jones’ Eighth Amendment conditions-of-confinement claims regarding non-bird related conditions in the mess hall (Compl. at 5- 6, 11, Dkt. No. 1) are DISMISSED; and it is further ORDERED that the clerk provide a copy of this Order to the parties in accordance with the Local Rules of Practice. IT IS SO ORDERED. September 13, 2019 Albany, New York ae ‘SDistit Judge
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