Taylor v. Goorde et al

Filing 65

ORDER: ORDERS that Magistrate Judge Peebles' February 29, 2012 61 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Defendants' 56 motion for summary judgment is GR ANTED with respect to all remaining claims contained in Plaintiff's second amended complaint; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules. IT IS SO ORDERED. Signed by Senior Judge Frederick J. Scullin, Jr. on 3/20/2013. (ptm) (Copy served on plaintiff by regular mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_____________________________________________
TERRENCE TAYLOR,
Plaintiff,
v.

9:09-CV-1036
(FJS/DEP)

PANG KOOI, Chief Medical Doctor at Auburn
Correctional Facility, individually and officially;
J. DOLAN, Doctor at Auburn Correctional
Facility, individually and officially; NANCY
RYERSON, Nurse Administrator at Auburn
Correctional Facility, individually and officially;
J. BARETTE, Registered Nurse at Auburn
Correctional Facility, individually and officially;
and DR. GRACEFFO,
Defendants.
_____________________________________________
APPEARANCES

OF COUNSEL

TERRENCE TAYLOR
87-A-1749
Green Haven Correctional Facility
P.O. Box 4000
Stormville, New York 12582
Plaintiff pro se
OFFICE OF THE NEW YORK
STATE ATTORNEY GENERAL
The Capitol
Albany, New York 12224
Attorneys for Defendants

MICHAEL G. MCCARTIN, AAG

SCULLIN, Senior Judge
ORDER
Currently before the Court are Magistrate Judge Peebles' February 29, 2012 Report and
Recommendation, see Dkt. No. 61, and Plaintiff's objections thereto, see Dkt. No. 63.

Plaintiff commenced this action pursuant to 42 U.S.C. § 1983 in the United States
District Court for the Southern District of New York. See Dkt. No. 1. After the case was
transferred to this District, see Dkt. No. 5, Plaintiff filed an amended complaint as a matter of
right on October 2, 2009, see Dkt. No. 8. Two months later, on December 14, 2009, Plaintiff
sought leave to amend his complaint to permit restoration of his previously-dismissed claims
against Physician's Assistant Laux, a DOCCS employee at Auburn Correctional Facility, and the
addition of Dr. Graceffo, a present or former prison physician at Auburn Correctional Facility, as
a named Defendant. See Dkt. No. 20. Shortly thereafter, Defendants filed an application seeking
dismissal of Plaintiff's claims. On September 22, 2010, Magistrate Judge Peebles issued a
Report and Recommendation, in which he recommended that the Court grant Plaintiff's motion
for leave to amend and grant in part Defendants' motion to dismiss, specifically dismissing
Plaintiff's claims against Glenn S. Goord, Dr. Lester Wright, and Superintendent Graham. See
Dkt. No. 42. This Court adopted Magistrate Judge Peebles' Report and Recommendation on
September 24, 2010. See Dkt. No. 44.
On October 20, 2010, Plaintiff filed a second amended complaint. See Dkt. No. 48. In
his second amended complaint, Plaintiff set forth a single claim for deliberate indifference to his
serious medical needs in violation of the Eighth Amendment and sought compensatory and
punitive damages, including future lost earnings. On August 2, 2011, Defendants filed a motion
for summary judgment, which Magistrate Judge Peebles recommended that this Court grant in
his February 29, 2012 Report and Recommendation.
In reviewing a magistrate judge's report and recommendation, the district court may
decide to accept, reject or modify those recommendations. See 28 U.S.C. § 636(b)(1). The court
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conducts a de novo review of the portions of the magistrate judge's recommendations to which a
party objects. See Pizzaro v. Bartlett, 776 F. Supp. 815, 917 (S.D.N.Y. 1991).
The Court has conducted a de novo review of Magistrate Judge Peebles' very thoughtful
and thorough resolution of Plaintiff's Eighth Amendment claims and has carefully considered
each of Plaintiff's objections to Magistrate Judge Peebles' conclusions and recommendations.
Having completed that review, the Court hereby
ORDERS that Magistrate Judge Peebles' February 29, 2012 Report and Recommendation
is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Defendants' motion for summary judgment is GRANTED with respect to
all remaining claims contained in Plaintiff's second amended complaint; and the Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and
close this case; and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in
accordance with the Local Rules.

IT IS SO ORDERED.

Dated: March 20, 2013
Syracuse, New York

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