UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
February 13, 2012
MATTHEW D. BOOKER, PLAINTIFF,
D. ROCK, SUPERINTENDENT OF UPSTATE CORRECTIONAL FACILITY, AND MR. MARENELLI, PSYCHOLOGIST, UPSTATE CORRECTIONAL FACILITY, DEFENDANTS
The opinion of the court was delivered by: David N. Hurd United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On January 31, 2011, the Honorable George H. Lowe, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) be granted in part and denied in part. Defendants timely filed objections to the Report-Recommendation.
Based upon a de novo review, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1).
Therefore it is ORDERED that
1. Defendants' motion to dismiss for failure to state a claim, Dkt. No. 17, is GRANTED in part and DENIED in part;
2. Plaintiff's claims against defendant Rock are DISMISSED, with leave to amend;
3. Plaintiff's claims against DOCCS are DISMISSED, with prejudice; and
4. Defendant Marenelli is directed to answer the Eighth Amendment claim. IT IS SO ORDERED.
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