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Moore v. Wright

United States District Court, N.D. New York
Sep 10, 2008
05-CV-13 (N.D.N.Y. Sep. 10, 2008)

Summary

finding the Chief Medical Officer not involved when Regional Medical Director affirmed previous administrative denials

Summary of this case from Royal v. Annucci

Opinion

05-CV-13.

September 10, 2008


DECISION and ORDER


This matter brought pursuant to 28 U.S.C. § 1983 was referred to the Hon. David R. Homer, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).

The Magistrate Judge recommended that the Court grant Defendant's summary judgment motion and dismiss Plaintiff's claims in their entirety. In granting Defendant's summary judgment motion, Magistrate Judge Homer concluded that: (1) Plaintiff failed to exhaust his administrative remedies prior to bringing his claims; (2) Plaintiff did not show sufficient personal involvement with respect to Defendants Lester and Giambrouno; and (3) Plaintiff failed to allege a serious medical condition to which Defendants were deliberately indifferent.

No objections to the August 8, 2008 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein and DISMISSES the claims in their entirety.

IT IS SO ORDERED.


Summaries of

Moore v. Wright

United States District Court, N.D. New York
Sep 10, 2008
05-CV-13 (N.D.N.Y. Sep. 10, 2008)

finding the Chief Medical Officer not involved when Regional Medical Director affirmed previous administrative denials

Summary of this case from Royal v. Annucci
Case details for

Moore v. Wright

Case Details

Full title:WALTER MOORE, Plaintiff, v. LESTER N. WRIGHT, Deputy Commissioner and…

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

Date published: Sep 10, 2008

Citations

05-CV-13 (N.D.N.Y. Sep. 10, 2008)

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