Opinion
9:10-CV-1097 (NAM/TWD)
09-27-2012
SHANE ROBERT ROSSETER, Plaintiff, v. PAUL ANNETTS; JAMES D. BOWEN; DR. G. CONIGLIO; MALCOM R. CULLY; DR. DePHELIP; DR. COLLEEN DEUEL; DR. ROBERT G. KERCULL; SIBATU KHAFAIFA; DR. LEWIS; DR. STEPHEN STRADER; and DAVID UNGER, Defendants.
SHANE ROBERT ROSSETER Cayuga Correctional Facility Plaintiff pro se HON. ERIC T. SCHNEIDERMAN, Attorney General of the State of New York James Seaman, Esq., Assistant New York State Attorney Attorney for Defendants Annetts, Coniglio, Cully, Deuel, Khahaifa, Lewis, and Unger MAYNARD, O'CONNOR, SMITH & CATALINOTTO, LLP Thomas G. Daley, Esq., of counsel Attorney for Defendant Kercull BAILEY, KEELEHER & JOHNSON, P.C. Crystal R. Peck, Esq., of counsel Pine West Plaza 5, Suite 507and all claims against him are dismissed Washington Avenue Extension Attorney for Defendants Bowen and Strader
APPEARANCES: SHANE ROBERT ROSSETER
Cayuga Correctional Facility
Plaintiff pro se
HON. ERIC T. SCHNEIDERMAN, Attorney General of the State of New York
James Seaman, Esq., Assistant New York State Attorney
Attorney for Defendants Annetts, Coniglio, Cully, Deuel, Khahaifa,
Lewis, and Unger
MAYNARD, O'CONNOR, SMITH
& CATALINOTTO, LLP
Thomas G. Daley, Esq., of counsel
Attorney for Defendant Kercull
BAILEY, KEELEHER & JOHNSON, P.C.
Crystal R. Peck, Esq., of counsel
Pine West Plaza 5, Suite 507and all claims against him are dismissed
Washington Avenue Extension
Attorney for Defendants Bowen and Strader
Hon. Norman A. Mordue, U.S. District Judge:
MEMORANDUM-DECISION AND ORDER
In this pro se action pursuant to 42 U.S.C. § 1983, plaintiff, an inmate in the custody of New York Department of Corrections and Community Services ("DOCCS"), claims that he has been denied medical care in every DOCCS facility in which he has been housed since he allegedly sustained injuries at Saratoga County Correctional Facility in November 9, 2007. The following motions are before the Court: a motion to dismiss (Dkt. No. 51) by defendants Annetts, Coniglio, Cully, Deuel, Khahaifa, Lewis, and Unger (collectively, "State defendants"); a motion for summary judgment (Dkt. No. 88) by defendant Kercull; and a motion for summary judgment (Dkt. No. 90) by defendants Bowen and Strader. Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States Magistrate Judge Thérèse Wiley Dancks has prepared a thorough Report-Recommendation and Order (Dkt. No. 109) recommending as follows: that the dismissal motion (Dkt. No. 51) by the State defendants be granted with leave to amend as to defendants Annetts, Unger, Khahaifa, Lewis, Cully and Deuel, and denied as to defendant Coniglio; that the summary judgment motion (Dkt. No. 88) by defendant Kercull be granted on the meritsand all claims against him are dismissed ; that the summary judgment motion (Dkt. No. 90) by defendants Strader and Bowen be granted on the merits; and that the action be transferred to the Western District of New York. Magistrate Judge Dancks also denied without prejudice plaintiff's motion (Dkt. No. 77) to appoint a medical expert.
Plaintiff has filed extensive objections (Dkt. No. 114), which the Court has reviewed carefully. Upon de novo review pursuant to 28 U.S.C. § 636(b)(1)(C), this Court adopts the Report-Recommendation and Order in its entirety.
It is therefore
ORDERED that the Report-Recommendation and Order (Dkt. No. 109) by United States Magistrate Judge Thérèse Wiley Dancks is accepted and adopted; and it is further
ORDERED that the motion to dismiss (Dkt. No. 51) by the State defendants is granted in part and denied in part as follows: dismissal of all claims against defendants Paul Annetts, Malcom R. Cully, Dr. Colleen Deuel, Sibatu Khafaifa, Dr. Lewis, and David Unger is granted with leave to amend; and dismissal of the claims against Dr. G. Coniglio is denied; and it is further
ORDERED that the summary judgment motion (Dkt. No. 88) by defendant Robert G. Kercull is granted and all claims against him are dismissed with prejudice; and it is further
ORDERED that the summary judgment motion (Dkt. No. 90) by defendants Stephen Strader and James D. Bowen is granted and all claims against them are dismissed with prejudice; and it is further
ORDERED that the action is transferred to the Western District of New York; and it is further
ORDERED that the Clerk of the Court is directed to serve copies of this Memorandum-Decision and Order in accordance with the Local Rules of the Northern District of New York.
IT IS SO ORDERED.
September 27, 2012
Syracuse, New York
______________
Honorable Norman A. Mordue
U.S. District Judge