Burgess v. Wright et al

Filing 31

ORDER that the Report-Recommendation of Magistrate Judge David R. Homer filed August 19, 2009 is ACCEPTED in its entirety for the reasons state therein.ORDERED, that the defendants motion to dismiss (Dkt. No. 24) is GRANTED as to defendants Wright an d Sears in all respects and that those two defendants be DISMISSED from the action. ORDERED, that the defendant's motion to dismiss is DENIED as to Burgess' Eighth Amendment claim regarding medical treatment for his neck. ORDERED, that th e defendants' motion to dismiss is GRANTED in all other respects to all remaining claims. Signed by Judge Gary L. Sharpe on 9/11/09. (Attachments: # 1 Magistrate Judge David R. Homer's report-recommendations) {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------EDWARD BURGESS, Plaintiff, -v.Civil Action No. 9:08-cv-725 (GLS/DRH) LESTER N. WRIGHT, Associate Commissioner/Chief Medical Officer; LARRY SEARS, Superintendent; GLENN CHAMPAGNE, Facility Health Service Director; DR. CAHILL, Facility Director; LOUISE TICHENOR, Dr.; and MR. BOYEA, Inmate Grievance Program Supervisor, Defendants. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: EDWARD BURGESS Plaintiff, Pro Se 524 Mellon Street Pittsburgh, Pennsylvania 15206 FOR THE RESPONDENT: HON. ANDREW M. CUOMO Attorney General for the State of New York The Capitol Albany, New York 12224 GARY L. SHARPE, U.S. DISTRICT JUDGE MEGAN M. BROWN, ESQ. Assistant U.S. Attorney OF COUNSEL:

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge David R. Homer, duly filed August 19, 2009. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed August 19, 2009 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the defendant's motion to dismiss (Dkt. No. 24) is GRANTED as to defendants Wright and Sears in all respects and that those two defendants be DISMISSED from the action, and it is further ORDERED, that the defendant's motion to dismiss is DENIED as to Burgess' Eighth Amendment claim regarding medical treatment for his neck, and it is further ORDERED, that the defendants' motion to dismiss is GRANTED in all other respects to all remaining claims, and it is further

2

ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.

IT IS SO ORDERED. Dated: September 11, 2009 Albany, New York

3