Hill v. Annucci et al, No. 9:2018cv01203 - Document 48 (N.D.N.Y 2020)
Court Description: DECISION AND ORDER: ORDERED that 43 REPORT AND RECOMMENDATION is accepted in whole. ORDERED that 1. Defendants' 28 motion to dismiss is GRANTED in part and DENIED in part; 2. Defendants' 28 motion to dismiss is GRANTED as to defendants Annucci, Jackson, and Miller and all claims against them are DISMISSED WITHOUT PREJUDICE; 3. Defendants' 28 motion to dismiss is DENIED as to defendants McGrath, Grey, and Bernard; 4. Defendants McGrath, Grey, and Bernard are directed to answer the sole failure to protect claim against them within twenty (20) days of the date of this Decision and Order; and 5. Plaintiff's 46 request for injunctive relief is DENIED as moot.Signed by Judge David N. Hurd on 3/9/2020. {order served via regular mail on plaintiff} (nas)
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Hill v. Annucci et al Doc. 48 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DESEAN HILL, Plaintiff, -v- 9:18-CV-1203 (DNH/TWD) ANTHONY ANNUCCI, Acting Commissioner; ANNE M. MCGRATH, Associate Commissioner; KATHLEEN GREY, OMH Therapist, Great Meadow Correctional Facility; MR. JACKSON, OMH Unit Chief, Great Meadow Correctional Facility; MR. MILLER, Superintendent, Great Meadow Correctional Facility; and M. BERNARD, Guidance Staff, Great Meadow Correctional Facility, formerly known as Jane Doe, Defendants. -------------------------------APPEARANCES: OF COUNSEL: DESEAN HILL Plaintiff pro se 14-A-0857 Upstate Correctional Facility P.O. Box 2001 Malone, NY 12953 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 NICHOLAS LUKE ZAPP, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge Dockets.Justia.com DECISION and ORDER Pro se plaintiff Desean Hill brought this civil rights action pursuant to 42 U.S.C. § 1983. On November 25, 2019, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss be granted in part and denied in part. Specif ically, Magistrate Judge Dancks recommended that defendants' motion be granted as to defendants Annucci, Jackson, and Miller, and denied as to defendants McGrath, Grey, and Bernard. No objections have been 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). While the Report-Recommendation was pending, plaintiff filed a request for injunctive relief relating to his transfer to Great Meadow Correctional Facility where he alleges he was seriously assaulted by an unknown inmate in 2017. Plaintiff's motion was received by the Court on February 20, 2020. On March 2, 2020, the Court received a change of address from plaintiff indicating he is now incarcerated at Upstate Correctional Facility. As a result of this recent transfer to Upstate Correctional Facility, plaintiff's request for injunctive relief relating to Great Meadow Correctional Facility is now moot. Therefore, it is ORDERED that 1. Defendants' motion to dismiss is GRANTED in part and DENIED in part; 2. Defendants' motion to dismiss is GRANTED as to defendants Annucci, Jackson, and Miller and all claims against them are DISMISSED WITHOUT PREJUDICE; 3. Defendants' motion to dismiss is DENIED as to defendants McGrath, Grey, and -2- Bernard; 4. Defendants McGrath, Grey, and Bernard are directed to answer the sole failure to protect claim against them within twenty (20) days of the date of this Decision and Order; and 5. Plaintiff's request for injunctive relief is DENIED as moot. IT IS SO ORDERED. Dated: March 9, 2020 Utica, New York. -3-
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