-GHL Munoz v. Superintendent/Warden et al, No. 9:2011cv00111 - Document 12 (N.D.N.Y 2011)
Court Description: DECISION AND ORDER: The Report-Recommendation (Dkt. No. 11 ) is accepted in whole. ORDERED, that Plaintiff's claim regarding the failure to clear the icy walkway is DISMISSED with leave to amend. ORDERED, that the complaint be served on defend ant Brian Fischer. ORDERED, that Plaintiff's claims against the "Superintendent/Warden" are DISMISSED for lack of personal involvement with leave to amend. ORDERED, that Plaintiff's claims against the State of New York and the New York State Department of Correctional Services are DISMISSED without leave to amend. Signed by Judge David N. Hurd on 10/25/11. (served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------MAURICIO MUNOZ, Plaintiff, -v- 9:11-CV-111 SUPERINTENDENT/WARDEN; BRIAN FISCHER; THE STATE OF NEW YORK; NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES; JOHN DOE; JANE DOE 1; and JANE DOE 2, Defendants. -------------------------------APPEARANCES: OF COUNSEL: MAURICIO MUNOZ, pro se 08-A-3862 Eastern NY Correctional Facility Box 338 Napanoch, NY 12458 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. ยง 1983. On September 29, 2011, the Honorable George H. Lowe, United States Magistrate Judge, advised, by Report-Recommendation, that: (1) plaintiff's claim regarding the failure to clear the icy walkway be dismissed with leave to amend; (2) the complaint be served on defendant Brian Fischer; (3) plaintiff's claims against the "Superintendent/Warden" be dismissed for lack of personal involvement with leave to amend; and (4) plaintiff s claims against the State of New York and the New York State Department of Correctional Services be dismissed without leave to amend. 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). Accordingly, it is ORDERED that 1. Plaintiff's claim regarding the failure to clear the icy walkway is DISMISSED with leave to amend; 2. The complaint be served on defendant Brian Fischer; 3. Plaintiff's claims against the "Superintendent/Warden" are DISMISSED for lack of personal involvement with leave to amend; and 4. Plaintiff s claims against the State of New York and the New York State Department of Correctional Services are DISMISSED without leave to amend. IT IS SO ORDERED. Dated: October 25 , 2011 Utica, New York. -2-
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