UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
February 10, 2012
LEE WILLIAMS, PLAINTIFF,
D.E. LACLAIR, SUPERINTENDENT, FRANKLIN CORRECTIONAL FACILITY; S. BROWN, DEPUTY SUPERINTENDENT FOR SECURITY; N. ARMSTRONG, NURSE ADMINISTRATOR, JANE DOE, MAILROOM SUPERVISOR, DEFENDANTS.
The opinion of the court was delivered by: Thomas J. McAVOY Senior United States District Judge
DECISION and ORDER
This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Randolph F. Treece, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. 636(b) and Local Rules 72.3(c).
No objections to the December 20, 2011 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, the Court adopts the Report-Recommendation for the reasons stated herein.
It is, therefore, ORDERED that: Defendant's Motion to Dismiss is granted in part and dismissed in part as follows:
1. Granted, as to claims against all Defendants regarding an informal custom or policy;
2. Granted, as to claims of Eighth Amendment medical indifference against Defendant Armstrong and she is dismissed from this action;
3. Denied, as to claims of retaliation against Defendants LaClair and Brown; and
4. The claims against Defendant Jane Doe are dismissed in their entirety.
IT IS SO ORDERED.
© 1992-2012 VersusLaw Inc.