In addition, Plaintiff does not allege that any of these Defendants acted with the requisite culpable state of mind.Moreover, the statements made by Defendants Bill and Carver that he should "grow up," even if construed as verbal harassment, do not give rise to a cognizable claim that may be pursued under Section 1983.

While defendant asserts that both MBRs were served on January 2, 2004.Following its commencement on January 7, 2004, the hearing officer twice adjourned the hearing, initially to January 8, 2004, and again from January 8, 2004 to January 13, 2004, to allow the plaintiff an opportunity to prepare his defense.
At no point (either during or after the above-described time period) did Plaintiff file any written grievances, or submit any letters of complaint, about an alleged defect in any of the bunk beds that he was assigned while in SHU.29. However, the individual defendants named in the plaintiffs complaint prosecutors and police officers did not set Mr. Bristol's bail.

(Pl.

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On February 2-3, 2011, Defendant Uhler conducted a Tier III disciplinary hearing, from which Plaintiff was excluded.Plaintiff contends that he is entitled to summary judgment against Defendant Uhler because he held the third disciplinary hearing in Plaintiffs absence and because he failed to provide Plaintiff with written notice of the disciplinary determination and the evidence on which it was based.

Failure to file timely objections will preclude appellate review.Not Reported in F.Supp.2d, 1999 WL 983876.Hon. 14. Failure to object to the report within 10 days will preclude appellate review. 45-13 at 10; Dkt. 27, Charles J. Quackenbush, Esq., Decl., dated Feb. 24, 2008, Ex. (Dkt.


Andrew T. Baxter, U.S. Magistrate Judge.Presently before the court is the defendants' motion for summary judgment on qualified immunity grounds. of Law at pp.

.

Generally speaking, a prisoner placed in administrative segregation must be provided: (1) advanced written notice of the charges against him at least twenty-four hours prior to the hearing; (2) the opportunity to appear at the hearing, call witnesses, and present rebuttal evidence; and (3) a written statement as to the evidence relied upon and the reasons for the disciplinary action taken.As Defendants accurately note, Plaintiffs due process claim rests "upon his conclusion that he was entitled to copies of all editions of written statements by prison personnel regarding the October 31, 2002 incident, something akin to the New York State rule in criminal proceedings established under.But, Plaintiff does not deny that he was provided with the original Misbehavior Reports that do not contain the "face first" annotations.

62-4) pp.

(,One of the important parts of defendant Kober's training is to learn the means by which gangs identify themselves because a significant number of inmates come into the correctional system with gang affiliations and retain these affiliations while incarcerated. Officer Doling stated:Plaintiff denies exhibiting any threatening or obstructive behavior, and further asserts that Doling stopped the audio recorder while rudely dismissing him.Pursuant to FED. No. ¶ 4).

Defendant Maly's refusal to call witnesses to "test" the evidence was reasonable and did not show that he was biased against plaintiff.There is nothing in the record to which plaintiff refers that would show bias by defendant Maly sufficient to rise to the level of a constitutional violation. Rather, the arguments involve Plaintiffs res judicata claims and thus will be discussed.Plaintiff was confined to the SHU and thus was entitled to an inmate assistant.12 The Court will provide Plaintiff with a copy of all unpublished decisions in accordance with the Second Circuit's decision in.In his opposition to Defendant's motion, Plaintiff claims that he was denied legal assistance for "over a month" and that the responses to his F.O.I.L. No. Plaintiff claims Doling violated his due process rights at various times during the course of the Hearing. (Rock Decl. 62-5) pp.

4 at 4). Plaintiff has opposed the motion. (Def. A sick call response was prepared, directing that: (1) medications would be issued three times daily; (2) Ensure would be issued four time each day; (3) the catheter would be changed monthly; and (4) dressing supplies would be provided on a daily basis.From January 1, 2014 through April 4, 2014, plaintiff repeatedly refused to accept his dressing supplies, meals, and medications. § 1983, or that plaintiff failed to receive all the process that he was due during his disciplinary hearing. 42 U.S.C. In addition, plaintiff has not alleged that any of the defendants were aware that he was merely in the beginning stages of growing dreadlocks, or that any defendants had seen the IGRC determination on his earlier grievance.Defendants have requested that plaintiffs entire complaint be dismissed, but their motion for summary judgment makes no reference to plaintiffs equal protection claim. The substantial deference due to prison officials allows them to use their professional judgment to reach an experience-based conclusion that prison policies, such as Rule 105.13, work to further prison objectives.For the reasons set forth above, Defendants' motion to dismiss is GRANTED. There is nothing in the Complaint that even remotely suggests that the requested conversations were integral to Plaintiff's treatment as a convicted sex offender involuntarily committed to CNYPC, or that Defendants' refusal to discuss the incident with Plaintiff when he requested to do so caused Plaintiff to suffer any harm or worsening of his condition. However, the court would note that the misbehavior report to which the memorandum refers was issued for "a picture of this nature," -a picture of a well-known individual, published in what appears to be a book, where it is specifically stated that the hand symbol has historical or religious meaning. Indeed, according to his Complaint, despite the fact that Judge Feldestein explicitly granted him the right to file additional appeals after he had obtained a copy of the notice, his subsequent attempts were unsuccessful.Having failed to establish any actual injury, Plaintiff is only entitled to receive nominal damages in the amount of one dollar.Plaintiff claims that "[s]ince Venettozzi, Prack[,] and Rock all had [a] hand in affirming the [third disciplinary] decision, they as well are liable."

),During an interview at the precinct stationhouse, the officers advised the plaintiff that they investigate "forgery, counterfeit, and identify theft," and they believed the plaintiff had taken "unauthorized loans" from credit unions.

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