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Colon v. Wright

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 31, 2008

ARMANDO COLON, PLAINTIFF,
v.
LESTER N. WRIGHT, DEFENDANT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

In a Report-Recommendation and Order dated February 7, 2007, Magistrate Judge Homer recommended that this Court grant Defendant's motion for summary judgment. See Dkt. No. 47. Plaintiff has filed objections to that recommendation. See Dkt. No. 48.

Specifically, Plaintiff argues that the Court should not grant Defendant's motion for summary judgment because, among other things, there is a genuine issue of fact concerning whether pegylated interferon and ribavirin treatment is the most effective treatment for relapsed Hepatitis C patients and could have been prescribed in his case. See, generally, Dkt. No. 48. Plaintiff contends that, by denying him this treatment in favor of another treatment that he deems less effective, there is a triable issue concerning whether Defendant exhibited "deliberate indifference" to his medical needs.

The Court has reviewed the file in its entirety and finds that Plaintiff's objections are without merit. There is no evidence in the record that the treatment Defendant administered to Plaintiff was inadequate. Therefore, even assuming that Defendant could have administered the non-FDA-approved drug that Plaintiff requested through an experimental program, Defendant's decision to administer a different, FDA-approved course of treatment does not demonstrate deliberate indifference. Plaintiff's disagreement with Defendant about his proper course of treatment does not rise to the level of a constitutional violation. Therefore, the Court hereby

ORDERS that Magistrate Judge Homer's February 7, 2007 Report-Recommendation and Order is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further

ORDERS that Defendant's motion for summary judgment is GRANTED; and the Court further

ORDERS that the Clerk of the Court shall enter judgment for Defendant and close this case.

IT IS SO ORDERED.

20080331

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