Reed v. The Department of Corrections and Community Supervision et al, No. 6:2015cv06401 - Document 59 (W.D.N.Y. 2017)

Court Description: DECISION AND ORDER granting 54 Motion to Dismiss. The Court determines that Plaintiff's amended complaint fails to state plausible claims of Eighth Amendment violations. The Court appreciates the detailed allegations Plaintiff's pro bono counsel included in the amended complaint. However, even construing the facts in a light most favorable to Plaintiff, the Court must grant Defendants motion, ECF No. 54, and dismiss the complaint in its entirety pursuant to Federal Rule of Civil Pro cedure 12(b)(6). With the appreciation of the Court, pro bono counsel is relieved from representing Plaintiff further in this matter. Signed by Hon. Charles J. Siragusa on 11/15/17. (KAP)-CLERK TO FOLLOW UP- (Main Document 59 replaced on 11/15/2017) (KAP).