McQueen v. County of Albany et al, No. 9:2008cv00799 - Document 32 (N.D.N.Y 2010)
Court Description: DECISION AND ORDER: ORDERED, that defedants' 19 and 22 Motions for summary judgment are GRANTED, in relevant part. ORDERED, that all of plaintiff's claims against defendants are DISMISSED, with prejudice with respect to his federal cla ims, but without prejudice to his right to assert any pendent state law claims in an appropriate state court. ORDERED, that the clerk is directed to file judgment accordingly and close the file. Signed by Judge David N. Hurd on 1/28/10. (Decision and Order served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------MICHAEL McQUEEN, Plaintiff, vs 9:08-CV-799 COUNTY OF ALBANY; THOMAS WIGGER, Superintendent, Albany County Correctional Facility; and CORRECTIONAL MEDICAL SERVICES, Defendants. -----------------------------------APPEARANCES: OF COUNSEL: MICHAEL McQUEEN Plaintiff, Pro Se 08-A-1494 Green Haven Correctional Facility PO Box 4000 Stormville, NY 12582 NAPIERSKI, VANDENBURGH & NAPIERSKI, L.L.P. Attorneys for Defendants County of Albany and Thomas Wigger 296 Washington Avenue Extension Albany, NY 12203 THUILLEZ, FORD, GOLD, BUTLER & YOUNG, L.L.P. Attorneys for Correctional Medical Services 6th Floor 20 Corporate Woods Boulevard Albany, NY 12211-1715 DAVID N. HURD United States District Judge SHAWN F. BROUSSEAU, ESQ. KELLY MONROE, ESQ. DECISION and ORDER Plaintiff, Michael McQueen, brought this civil rights action in July 2008, pursuant to 42 U.S.C. ยง 1983. By Report-Recommendation dated December 22, 2009, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants motions for summary judgment (Docket Nos. 19 and 22) be granted in relevant part, and that all of plaintiff s claims against defendants be dismissed, with prejudice with respect to plaintiff s federal claims, but without prejudice to his right to assert any pendent state law claims in an appropriate state court. The plaintiff has filed objections to the Report-Recommendation. Defendants County of Albany and Thomas Wigger have filed a response to the plaintiff s objections to the Report/Recommendation claiming, among other things, that the objections were filed untimely. Defendant Correctional Medical Services has filed a response to the plaintiff s objections to the Report/Recommendation also claiming, among other things, that the objections were filed untimely. Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected and to which the defendants have filed responses, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Defendants motions for summary judgment (Docket Nos. 19 and 22) are GRANTED, in relevant part; 2. All of plaintiff s claims against defendants are DISMISSED, with prejudice with respect to his federal claims, but without prejudice to his right to assert any pendent state law claims in an appropriate state court; - 2 - 3. The Clerk is directed to file judgment accordingly and close the file. IT IS SO ORDERED. Dated: January 28, 2010 Utica, New York. - 3 -
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