Heyliger v. Cymbrak et al

Filing 63

DECISION AND ORDER: ORDERED that 56 Report and Recommendation is accepted in whole. ORDERED that 29 Motion to Dismiss is denied. Signed by Judge David N. Hurd on 2/13/19. {order served via regular mail on plaintiff}(nas )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------DEREK A. HEYLIGER,
Plaintiff,
-v-

ANDREW CYMBRAK, in his individual capacity
as Correctional Officer, Clinton Correctional
Facility, formerly known as A. Cymbrak;
CHRISTOPHER LAGREE, in his individual
capacity as Correctional Officer, Clinton
Correctional Facility, formerly known as C.
Lagree; KYLE GUYNUP, in his individual
capacity as Correctional Officer, Clinton
Correctional Facility, formerly known as Kile
Guynup; A. MUSSEN, in his individual capacity
as Correctional Officer, Clinton Correctional
Facility; KEVIN WILCOX, in his individual
capacity as Correctional Officer, Clinton
Correctional Facility, formerly known as K.
Wilcox; LIAM MAHONEY, in his individual
capacity as Correctional Officer, Clinton
Correctional Facility, formerly known as L.
Maloney; WILLIAM PERRY, in his individual
capacity as Correctional Officer, Clinton
Correctional Facility; LAFOUNTAIN, in his
individual capacity as Correctional Officer,
Clinton Correctional Facility; ANTHONY
ANNUCCI, in his individual capacity as DOCCS
CORC Acting Commissioner of Corrections;
KAREN BELLEMY, in her individual capacity as
DOCCS CORC Director Inmate Grievance
Program; CATHERINE LEAHY SCOTT, in her
individual capacity as New York State Inspector
General; CHARLES SIMPSON, in his individual
capacity as DOCCS CORC Inmate Grievance
Coordinator; JASON EFFMAN, in his individual
capacity as DOCCS CORC Inmate Grievance
Program Coordinator; REBECCA LOREN, in
her individual capacity as DOCCS CORC
Inmate Grievance Program Coordinator,

9:17-CV-912
(DNH/DEP)

Defendants.
-------------------------------APPEARANCES:
DEREK A. HEYLIGER
Plaintiff pro se
12-B-0269
Attica Correctional Facility
Box 149
Attica, NY 14011
HON. LETITIA JAMES
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224

WILLIAM A. SCOTT, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Derek A. Heyliger brought this civil rights action pursuant to 42
U.S.C. § 1983. On December 20, 2018, the Honorable David E. Peebles, United States
Magistrate Judge, advised by Report-Recommendation that defendant Scott's motion to
dismiss be denied. No objections to the Report-Recommendation have been 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
Defendant Scott's motion to dismiss the claims against her is DENIED.
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IT IS SO ORDERED.

Dated: February 13, 2019
Utica, New York.

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