Bernier v. Koenigsmann et al, No. 9:2017cv00254 - Document 104 (N.D.N.Y 2018)
Court Description: DECISION AND ORDER: ORDERED that 96 Report and Recommendation is accepted in whole. ORDERED that 71 Defendants' motion to revoke plaintiff's IFP status is DENIED. Defendants' 71 motion to dismiss is GRANTED in part and DEN IED in part. Defendants' 71 motion to dismiss is GRANTED as to the claims against defendants Stallone, Schenk, Morgan, and Chapin and all claims against those defendants are DISMISSED with prejudice; and Defendants' 71 motion to dismiss is DENIED in all other respects. Signed by Judge David N. Hurd on 3/15/18. {order served via regular mail on plaintiff}(nas, )
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Bernier v. Koenigsmann et al Doc. 104 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JEAN BERNIER, also known as, CHARLES WATSON, Plaintiff, -v- 9:17-CV-254 (DNH/ATB) KOENIGSMANN, Chief Medical Officer; SUPERINTENDENT STALLONE, Deputy Supt. Jones; ROBINSON, First Deputy Superintendent; CORYER, Nurse Administrator; SHU SARGEANT DONNELLY; HEARING OFFICER SCHENK; HEARING OFFICER LT. MORGAN; HEARING OFFICER CAPT CHAPIN; NURSE PRACTITIONER O'CONNORRYERSON; NURSE PRACTITIONER JEAVONS; NURSE BOYD; SHU PROPERTY OFFICER GILFUS; HESSE, Law Library Officer; SHARON ASHLEY, R.N.; SUPERINTENDENT WENDERLICH; ASDA GARDNER; FHSD CANFIELD; DINELLO, Regional Medical Director; and DR. MUELLER, Defendants. -------------------------------APPEARANCES: OF COUNSEL: JEAN BERNIER also known as CHARLES WATSON Plaintiff pro se 29463-054 Butner Federal Medical Center Inmate Mail/Parcels P.O. BOX 1600 Butner, NC 27509 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 KYLE W. STURGESS, ESQ. Ass't Attorney General Dockets.Justia.com DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Jean Bernier also known as Charles Watson brought this civil rights action pursuant to 42 U.S.C. § 1983. On November 22, 2017, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to revoke plaintiff's IFP status be denied and that defendants' motion to dismiss be granted in part and denied in part. Magistrate Judge Baxter recommended that defendants' motion to dismiss be granted as to the claims against defendants Stallone, Schenk, Morgan, and Chapin and all claims against those defendants be dismissed with prejudice and that defendants' motion be denied in all other respects. No objections to the Report-Recommendation were filed. Based upon a careful review of the Report-Recommendation, the ReportRecommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' motion to revoke plaintiff's IFP status is DENIED; 2. Defendants' motion to dismiss is GRANTED in part and DENIED in part; 3. Defendants' motion to dismiss is GRANTED as to the claims against defendants Stallone, Schenk, Morgan, and Chapin and all claims against those defendants are DISMISSED with prejudice; and 4. Defendants' motion to dismiss is DENIED in all other respects. IT IS SO ORDERED. -2- Dated: March 15, 2018 Utica, New York. -3-
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