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Shane Robert Rosseter v. Paul Annetts; James D. Bowen; Dr. G.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 27, 2012

SHANE ROBERT ROSSETER, PLAINTIFF,
v.
PAUL ANNETTS; JAMES D. BOWEN; DR. G. CONIGLIO; MALCOM R. CULLY; DR. DEPHELIP; DR. COLLEEN DEUEL; DR. ROBERT G. KERCULL; SIBATU KHAFAIFA; DR. LEWIS; DR. STEPHEN STRADER; AND DAVID UNGER, DEFENDANTS.

The opinion of the court was delivered by: Hon. Norman A. Mordue, U.S. District Judge:

In this pro se action pursuant to 42 U.S.C. § 1983, plaintiff, an inmate in the custody of New York Department of Corrections and Community Services ("DOCCS"), claims that he has been denied medical care in every DOCCS facility in which he has been housed since he allegedly sustained injuries at Saratoga County Correctional Facility in November 9, 2007. The following motions are before the Court: a motion to dismiss (Dkt. No. 51) by defendants Annetts, Coniglio, Cully, Deuel, Khahaifa, Lewis, and Unger (collectively, "State defendants"); a motion for summary judgment (Dkt. No. 88) by defendant Kercull; and a motion for summary judgment

(Dkt. No. 90) by defendants Bowen and Strader. Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States Magistrate Judge Therese Wiley Dancks has prepared a thorough Report-Recommendation and Order (Dkt. No. 109) recommending as follows: that the dismissal motion (Dkt. No. 51) by the State defendants be granted with leave to amend as to defendants Annetts, Unger, Khahaifa, Lewis, Cully and Deuel, and denied as to

defendant Coniglio; that the summary judgment motion (Dkt. No. 88) by defendant Kercull be granted on the meritsand all claims against him are dismissed ; that the summary judgment motion (Dkt. No. 90) by defendants Strader and Bowen be granted on the merits; and that the action be transferred to the Western District of New York. Magistrate Judge Dancks also denied without prejudice plaintiff's motion (Dkt. No. 77) to appoint a medical expert.

Plaintiff has filed extensive objections (Dkt. No. 114), which the Court has reviewed carefully. Upon de novo review pursuant to 28 U.S.C. § 636(b)(1)(C), this Court adopts the Report-Recommendation and Order in its entirety.

It is therefore

ORDERED that the Report-Recommendation and Order (Dkt. No. 109) by United States Magistrate Judge Therese Wiley Dancks is accepted and adopted; and it is further

ORDERED that the motion to dismiss (Dkt. No. 51) by the State defendants is granted in part and denied in part as follows: dismissal of all claims against defendants Paul Annetts, Malcom R. Cully, Dr. Colleen Deuel, Sibatu Khafaifa, Dr. Lewis, and David Unger is granted with leave to amend; and dismissal of the claims against Dr. G. Coniglio is denied; and it is further

ORDERED that the summary judgment motion (Dkt. No. 88) by defendant Robert G. Kercull is granted and all claims against him are dismissed with prejudice; and it is further

ORDERED that the summary judgment motion (Dkt. No. 90) by defendants Stephen

Strader and James D. Bowen is granted and all claims against them are dismissed with prejudice; and it is further

ORDERED that the action is transferred to the Western District of New York; and it is further

ORDERED that the Clerk of the Court is directed to serve copies of this Memorandum-

Decision and Order in accordance with the Local Rules of the Northern District of New York.

IT IS SO ORDERED.

20120927

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