McPherson v. Roger et al, No. 9:2012cv00766 - Document 55 (N.D.N.Y 2014)

Court Description: DECISION and ORDER: ORDERED that 53 Report and Recommendation is accepted in whole. ORDERED that 39 Motion for Summary Judgment is GRANTED in part and DENIED in part. All claims against defendant Nurse Nina Clark are DISMISSED and Defendants' motion is otherwise DENIED. Signed by Judge David N. Hurd on 2/21/14. {order served via regular mail on plaintiff}(nas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------BRENDON McPHERSON, Plaintiff, No. 9:12-CV-0766 -v- SCOTT ROGERS; MATTHEW GUNDRUM; SHAWN PLUCKROSE; JERRAD CATLIN; PAUL MORRIS; and NURSE NINA CLARK, Defendants. -------------------------------APPEARANCES: OF COUNSEL: BRENDON McPHERSON Plaintiff pro se 11-A-0823 Elmira Correctional Facility Elmira, NY 14902 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 KRISTIN M. QUARESIMO, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER 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. Dated: February 21, 2014 Utica, New York. -2-

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