UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
March 31, 2008
MICHAEL HILL, PLAINTIFF,
DR. CHALANOR, COXSACKIE CORRECTIONAL FACILITY; MARGARET FRANKLIN, NURSE ADMINISTRATOR, COXSACKIE CORRECTIONAL FACILITY; ANNE COLE, SUPERINTENDENT OF HEALTH SERVICES, COXSACKIE CORRECTIONAL FACILITY; JOY ALBRIGHT, NURSE, COXSACKIE CORRECTIONAL FACILITY; GLENN S. GOORD, COMMISSIONER OF DOCS; DOMINIC MANTELLO, SUPERINTENDENT; AND M. OLIVER, CORRECTIONAL GUARD, COXSACKIE CORRECTIONAL FACILITY, DEFENDANTS.
The opinion of the court was delivered by: Scullin, Senior Judge
In an Order and Report-Recommendation dated February 22, 2008, Magistrate Judge Lowe recommended that the Court deny Defendants' motion to dismiss Plaintiff complaint for failure to state a claim without prejudice and deny Plaintiff's cross-motion for summary judgment without prejudice. See Dkt. No. 60 at 8.*fn1 Plaintiff filed objections to these recommendations. See Dkt. No. 62.
Magistrate Judge Lowe recommended that the Court deny these two motions because his decision to grant Plaintiff's cross-motion for leave to file a second amended complaint mooted these motions, at least to some extent. Moreover, he noted that "Plaintiff has repeatedly asserted that he had not yet had an opportunity to complete discovery in this matter, suggesting that this case is not yet ripe for adjudication on a motion for summary judgment . . . [and that his review of] Plaintiff's motion for summary judgment [indicated] that, at the very least, questions of fact exist on the record presented by Plaintiff . . . ." See Dkt. No. 60 at 7.
The Court has reviewed Plaintiff's objections and finds them to be without merit. Accordingly, the Court hereby
ORDERS that Magistrate Judge Lowe's February 22, 2008 Order and Report-Recommendation is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further
ORDERS that Defendants' motion to dismiss Plaintiff's complaint for failure to state a claim is DENIED WITHOUT PREJUDICE; and the Court further
ORDERS that Plaintiff's cross-motion for summary judgment is DENIED WITHOUT PREJUDICE; and the Court further
ORDERS that this matter is referred to Magistrate Judge Lowe for all further pretrial matters.
IT IS SO ORDERED.