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Starnes v. Raminieni

United States District Court, N.D. New York
Jul 7, 2009
No. 9:07-CV-484 (FJS/DEP) (N.D.N.Y. Jul. 7, 2009)

Summary

rejecting non-exhaustion defense where the plaintiff did not learn that the defendants had diagnosed him with hepatitis and failed to provide treatment until three years after the diagnosis

Summary of this case from Tomony v. Cnty. of Suffolk

Opinion

No. 9:07-CV-484 (FJS/DEP).

July 7, 2009

FOR PLAINTIFF: GREGORY STARNES, Pro Se, 06-R-3966, Wallkill Correctional Facility, Wallkill, NY.

FOR DEFENDANTS : TIMOTHY P. MULVEY, ESQ., Assistant Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Syracuse, NY.


ORDER


After carefully considering the entire file in this matter, including Magistrate Judge Peebles' June 11, 2009 Report and Recommendation to which the parties have not filed any objections; Defendants' motion for summary judgment and plaintiff's claims against defendant Jane Doe, the Court hereby

ORDERS that Magistrate Judge Peebles' June 11, 2009 Report and Recommendation is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further

ORDERS that Defendants' motion for summary judgment is GRANTED IN PART and DENIED IN PART; and the Court further

ORDERS that Plaintiff's claims against Defendant Jane Doe are DISMISSED WITHOUT PREJUDICE; and the Court further

ORDERS that Defendants' motion for summary judgment is, in all other respects, DENIED; and the Court further

ORDERS that this matter is referred to Magistrate Judge Peebles for a Final Pretrial Conference.

IT IS SO ORDERED.


Summaries of

Starnes v. Raminieni

United States District Court, N.D. New York
Jul 7, 2009
No. 9:07-CV-484 (FJS/DEP) (N.D.N.Y. Jul. 7, 2009)

rejecting non-exhaustion defense where the plaintiff did not learn that the defendants had diagnosed him with hepatitis and failed to provide treatment until three years after the diagnosis

Summary of this case from Tomony v. Cnty. of Suffolk
Case details for

Starnes v. Raminieni

Case Details

Full title:GREGORY STARNES, Plaintiff, v. S. RAMINIENI, et al., Defendants

Court:United States District Court, N.D. New York

Date published: Jul 7, 2009

Citations

No. 9:07-CV-484 (FJS/DEP) (N.D.N.Y. Jul. 7, 2009)

Citing Cases

Tomony v. Cnty. of Suffolk

See Burns. 2002 WL 91607, at *5; Lee v. Johnson, No. 12-CV-l 12, 2012 WL 4757740, at *2 (N.D. Ind. Oct. 5,…