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Abdul-Matiyn v. Pataki

April 8, 2008

FARIS ABDUL-MATIYN, PLAINTIFF,
v.
GOVERNOR GEORGE PATAKI, GOVERNOR; ALLEN, CORRECTION OFFICER; ROWE, CORRECTION OFFICER; VALEZQUEZ, CORRECTION OFFICER; BENBOW, CORRECTION OFFICER; JOHNSON, SULLIVAN CORRECTIONAL FACILITY SENIOR PAROLE OFFICER; JOHN DOE, I, SULLIVAN CORRECTIONAL FACILITY AUDIOLOGIST; JOHN DOE 2, SULLIVAN CORRECTIONAL FACILITY COUNSELOR; WALSH, SULLIVAN CORRECTIONAL FACILITY SUPERINTENDENT; JOHN DOE 3, SULLIVAN CORRECTIONAL FACILITY PSYCHIATRIST; JOHN DOE # 4, CNYPC PSYCHIATRIST; ELIZABETH FARNUM, DOCTOR; DEBROIZE, DOCTOR; FORSHEE, DOCTOR; PETE HANMER, CNYPC PRIMARY THERAPIST; TOM MURPHY; JEFF NOWICKI; SHARON BARBOZA, DIRECTOR CNYPC SOTP PROGRAM; SAWYER, DIRECTOR, CNYPC; CNYPC MEDICAL STAFF; MICHELLE PAYNE, FORMER CNYPC PROGRAM REHABILITATION COUNSELOR; STEVE CAPOLO; AND LINDA BECKER, DEFENDANTS.



The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Plaintiff, Faris Abdul-Matiyn, brought this civil rights action pursuant to 42 U.S.C. § 1983. By a voluminous Report-Recommendation dated February 19, 2008, the Honorable David R. Homer, United States Magistrate Judge, addressed the numerous issues in this matter with the recommendations that:

1. The motion of Walsh and Johnson to sever be denied;

2. The motion of Walsh and Johnson to dismiss be granted as to plaintiff's conspiracy claim against defendant Johnson for failure to intervene, and denied in all other respect;

3. The state defendants' motion to dismiss be granted in all respects as to defendant Sawyer; granted in all respects as to plaintiff's claim for denial of access to the courts, and denied in all other respects;

4. The City defendants' motion to dismiss be denied in all respects;

5. The motion of defendant CNYPC Medical Staff to dismiss be granted; and

6. The complaint be dismissed without prejudice as to defendants George Pataki, Michelle Payne, and John Does I-IV.

No objections to the Report-Recommendation have been filed.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Homer, the Report-Recommendation is accepted and adopted in its entirety. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that:

1. Defendant Walsh and Johnson's motion to sever is DENIED;

2. Defendant Walsh and Johnson's motion to dismiss is GRANTED with regard to plaintiff's conspiracy claim against defendant Johnson for failure to ...


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