Summary
observing that "numerous courts have held . . . that physical manifestations of emotional injuries (e.g., anxiety, depression, stress, nausea, hyperventilation, headaches, insomnia, dizziness, appetite loss, weight loss, etc.) are not 'physical injuries' for purposes of the PLRA."
Summary of this case from Felix v. Nw. State Corr. FacilityOpinion
9:07-CV-0650.
April 15, 2008
CHRISTOPHER McCLOUD, 06-R-5154, Wallkill Correctional Facility, Wallkill, NY, Plaintiff, Pro Se.
HON. ANDREW M. CUOMO, Attorney General for the State of New York, CHARLES J. QUACKENBUSH, ESQ., Assistant Attorney General, New York, NY, Counsel for Defendant.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge George H. Lowe, duly filed on the 17th day of March 2008. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
ORDERED, that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. The Defendant's motion to dismiss for failure to state a claim (Dkt. No. 11) is granted.
The Magistrate Judge's Report-Recommendation inadvertently refers to Defendant's motion to dismiss as Dkt. No. 42 on page 35. The correct Dkt. No. is 11 as referred to throughout the Report-Recommendation.
3. The Court certifies that any appeal of this order would not be taken in good faith. See 28 U.S.C. § 1915(a)(3).
4. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED.