Mercer v. APS Healthcare, Inc. et al, No. 9:2013cv00840 - Document 139 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: That the recommendations of the Magistrate Judge, the 125 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).Therefore, it is ORDERED that Plaintiff's motion for summary judgment (ECF No. 107 ) is DENIED in its entirety. ORDERED, that Defendants' cross-motions for summary judgment (ECF Nos. 113 & 116 ) are GRANTED in their entirety. ORDERED, that Plaintiff's complaint is DISMISSED. Signed by Judge David N. Hurd on 9/28/15. (served on plaintiff by regular mail) (alh, )
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Mercer v. APS Healthcare, Inc. et al Doc. 139 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JAMES R. MERCER, JR., Plaintiff, No. 9:13-CV-0840 (DNH/RFT) -vAPS HEALTHCARE, INC., in its individual and official capacity; MARIKA V. WINKLER, APS Medical Reviewer, in her individual and official capacity; JONATHAN S. STRENIO, APS Medical Director, in his individual and official capacity; CHRISTINA M. MISA, Regional Medical Director, in her individual and official capacity; GERALD R. AMATUCCI, Regional Medical Director, in his individual and official capacity, Defendant. -------------------------------APPEARANCES: OF COUNSEL: JAMES R. MERCER, JR. 87-c-0688 Plaintiff pro se Cayuga Correctional Facility P.O. Box 1186 Moravia, NY 13118 HON. ERIC T. SCHNEIDERMAN Attorney General of the State of New York Attorney for State Defendants The Capitol Albany, NY 12224 CARTER, CONBOY, CASE, BLACKMORE, MALONEY & LAIRD, P.C. Attorney for APS Defendants 20 Corporate Woods Boulevard Albany, NY 12211 JOSHUA L. FARRELL, ESQ. Assistant Attorney General WILLIAM C. FIRTH, ESQ. DAVID N. HURD United States District Judge Dockets.Justia.com DECISION and ORDER Pro se plaintiff James R. Mercer Jr. brought this civil rights action pursuant to 42 U.S.C. § 1983. On June 25, 2015, the Honorable Randolph F. Treece, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's motion for summary judgment (ECF No. 107) be denied and that defendants’ cross motions for summary judgment (ECF Nos. 113 & 116) be granted. Plaintiff and defendants APS Healthcare, Inc., Marika V. Winkler and Jonathan S. Strenio filed timely objections to the ReportRecommendation. Plaintiff further filed a reply to defendants’ objections. 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. Plaintiff's motion for summary judgment (ECF No. 107) is DENIED in its entirety; 2. Defendants’ cross-motions for summary judgment (ECF Nos. 113 & 116) are GRANTED in their entirety; 3. Plaintiff’s complaint is DISMISSED; and 4. The Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules. IT IS SO ORDERED. Dated: September 28, 2015 Utica, New York -2-
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