Mendez v. Knoblach et al

Filing 30

DECISION AND ORDER: The 24 Report-Recommendation is accepted in whole. ORDERED, that Defendants' 12 Motion to Dismiss based on the statute of limitations is DENIED. Defendants' 12 Motion to Dismiss the claims against the State of Ne w York Department of Corrections and Community Services is GRANTED and the complaint is DISMISSED as against the State of New York Department of Corrections and Community Services. Signed by Judge David N. Hurd on 6/13/12. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------ANGEL MENDEZ,
Plaintiff,
9:11-CV-961
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KNOBLACH, Sgt., Oneida Correctional
Facility; COLLINS, Correctional Officer,
Oneida Correctional Facility; MASNER,
Correctional Officer, Oneida Correctional
Facility; and STATE OF NEW YORK
DEPARTMENT OF CORRECTIONS AND
COMMUNITY SERVICES,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

ANGEL MENDEZ
Plaintiff Pro Se
05-A-5320
Southport Correctional Facility
Post Office Box 2000
Pine City, NY 14871
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224

CHRISTOPHER W. HALL, ESQ.
Assistant Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On May 8, 2012, the
Honorable David R. Homer, United States Magistrate Judge, advised, by Report-

Recommendation, that defendants' motion to dismiss pursuant to Federal Rule of Civil
procedure 12(b)(6) be denied as to the statute of limitations and granted as to defendant
State of New York Department of Corrections and Community Services.1 No objections to
the Report-Recommendation were 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).
Therefore it is
ORDERED that
1. Defendants' motion to dismiss based on the statute of limitations is DENIED; and
2. Defendants' motion to dismiss the claims against the State of New York
Department of Corrections and Community Services is GRANTED and the complaint is
DISMISSED as against the State of New York Department of Corrections and Community
Services.
The Clerk is directed to remove defendant the State of New York Department of
Corrections and Community Services from the caption.
IT IS SO ORDERED.

Dated: June 13, 2012
Utica, New York.

1

Plaintiff concedes that the State of New York Departm ent of Corrections and Com m unity
Services should be dism issed as a defendant.
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