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McPherson v. Rogers

United States District Court, N.D. New York

February 21, 2014

BRENDON McPHERSON, Plaintiff,
v.
SCOTT ROGERS; MATTHEW GUNDRUM; SHAWN PLUCKROSE; JERRAD CATLIN; PAUL MORRIS; and NURSE NINA CLARK, Defendants.

BRENDON McPHERSON, Elmira, NY, Plaintiff pro se.

KRISTIN M. QUARESIMO, ESQ., Ass't Attorney General, HON. ERIC T. SCHNEIDERMAN, Attorney General for the State of New York, Albany, NY, Attorney for Defendants.

DECISION and ORDER

DAVID N. HURD, District Judge.

Pro se plaintiff Brendon McPherson brought this action pursuant to 42 U.S.C. § 1983. On January 21, 2014, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted in part, and that all claims against defendant Nurse Nina Clark be dismissed, but that defendants' motion otherwise be denied. No objections to the Report-Recommendation were filed.

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

Therefore, it is

ORDERED that

1. Defendants' motion for summary judgment is GRANTED in part and DENIED in part;

2. All claims against defendant Nurse Nina Clark are DISMISSED; and

3. Defendants' motion is otherwise DENIED.

The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.

IT IS SO ORDERED.


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