Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Murray v. Goord

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 31, 2008

JAMES MURRAY, PLAINTIFF,
v.
GLENN GOORD; SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY; HEALTH SERVICES DIRECTOR, AUBURN CORRECTIONAL FACILITY; AND MEDICAL, DEFENDANTS.

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

ORDER

In a Report-Recommendation and Order dated October 11, 2007, Magistrate Judge Homer recommended that the Court deny Defendant Goord's motion to dismiss Plaintiff's complaint. See Dkt. No. 18. Defendant Goord filed objections to that recommendation. See Dkt. No. 19. Specifically, Defendant Goord argues that the Court should grant his motion because "nowhere in the complaint does [P]laintiff actually allege [Defendant Goord's] personal involvement . . . ." See id. at ¶ 3. Defendant Goord also contends that it was improper for Magistrate Judge Homer to interpret the complaint as having alleged Defendant Goord's personal involvement. See id. The Court finds that these objections are without merit.

It is well-established that a court must liberally construe a pro se litigant's submissions and read them to raise the strongest arguments that they suggest consistent with the litigant's allegations. See Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 477 (2d Cir. 2006). Despite Defendant Goord's argument to the contrary, this standard requires the court to "interpret" a pro se plaintiff's complaint to state a claim as long as that interpretation is consistent with the allegations in that complaint. This is precisely what Magistrate Judge Homer did in this case. Based upon its independent review of the complaint, the Court agrees with Magistrate Judge Homer that Plaintiff's allegations are sufficient, at this stage of the litigation, to withstand a motion to dismiss.*fn1 Therefore, the Court hereby

ORDERS that Magistrate Judge Homer's October 11, 2007 Report-Recommendation and Order is ADOPTED IN ITS ENTIRETY; and the Court further

ORDERS that Defendant Goord's motion to dismiss is DENIED; and the Court further ORDERS that this matter is referred to Magistrate Judge Homer for all further pretrial matters.

IT IS SO ORDERED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.