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17-364 - Savastano v. The State of New York et al


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17-364 - Savastano v. The State of New York et al
June 1, 2018
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REPORT AND RECOMMENDATION: RECOMMENDED that defendants' motion to dismiss (Dkt. No. 25) be GRANTED in part and DENIED in part as follows: (1) Plaintiff's damage claims asserted against defendant LaClair in his official capacity should be DISMISSED; (2) To the extent that plaintiff's SAC is construed as asserting a RLUIPA claim seeking monetary damages against either of the defendants, that cause of action should be DISMISSED; and (3) With the exception of the foregoing, defendant LaClair's motion to dismiss should be DENIED. Objections to R&R due by 6/18/2018 Case Review Deadline 6/22/2018. Signed by Magistrate Judge David E. Peebles on 5/31/18. {r&r served via regular mail on plaintiff}(nas, )
July 9, 2018
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DECISION AND ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Peebles, dkt. # 34, is hereby ACCEPTED and ADOPTED. It is hereby ORDERED that Defendant LaClair's motion to dismiss, dkt. # 25, is hereby GRANTED in part and DENIED in part, as follows: Plaintiff's damage claims asserted against Defendant LaClair in his official capacity are hereby DISMISSED; any claims seeking monetary damages against either of the Defendants pursuant to RLUIPA are hereby DISMISSED; and the motion is DENIED in all other respects. Signed by Judge Thomas J. McAvoy on 7/6/18. {order served via regular mail on plaintiff}(nas)