Brooks v. Brennon et al

Filing 28

ORDER: ORDERED that 26 Report and Recommendation is adopted in its entirety which recommended that 21 Motion to Dismiss for Failure to State a Claim be granted in part and denied in part. Signed by Senior Judge Norman A. Mordue on 7/12/13. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
DERRICK BROOKS,
Plaintiff,
v.

9:12-CV-0624
(NAM/CFH)

N
A

RYAN P. BRENNAN, Secure Care Treatment
Aide, CNYPC; CHRISTOPHER D. SMITH,
Secure Care Treatment Aide, CNYPC;
LAURA SMITH-CREASER, R.N., Ward
Nurse/Supervisor for Ward 605,
CNYPC; JEFF NOWICKI, Chief of Mental
Health Treatment Services, CNYPC;
DR. TERRI MAXYMILLIAN, Director of Mental
Health Treatment Services, CNYPC;
MAUREEN BOSCO, Acting Executive Director
of CNYPC; DR. MICHAEL F. HOGAN,
Commissioner of Department of Mental Health;
BRETT DAVIS, Secure Care Treatment Aide,
CNYPC,
Defendants.
________________________________________________
APPEARANCES:

OF COUNSEL:

M

DERRICK BROOKS
#172543
Central New York Psychiatric Center
P.O. Box 300
Marcy, New York 13403
Plaintiff, pro se
HON. ERIC T. SCHNEIDERMAN
Attorney General for the
State of New York
The Capitol
Albany, New York 12224-0341
Counsel for Defendants

CATHY Y. SHEEHAN, ESQ.
Assistant Attorney General

NORMAN A. MORDUE, SENIOR U. S. DISTRICT JUDGE

ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge
Christian F. Hummel, duly filed on the 21st day of June 2013. Following fourteen (14) days from
the service thereof, the Clerk has sent me the file, including any and all objections filed by the
parties herein.
After careful review of all of the papers herein, including the Magistrate Judge’s ReportN

Recommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. The Clerk of the Court shall serve a copy of this Order upon all parties and the
Magistrate Judge assigned to this case.

A

IT IS SO ORDERED.

Dated: July 12, 2013
Syracuse, New York

M

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