Maldonado v. Mandalaywala et al

Filing 41

ORDER adopting the 38 Report and Recommendations and denying the 24 Motion to Dismiss. Signed by Judge Brenda K. Sannes on 1/8/2019. (Copy served on plaintiff via regular mail)(rjb, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
SHAIN MALDONADO,
Plaintiff,
v.

9:17-CV-1303 (BKS/TWD)

VIJAYKUMAR S. MANDALAYWALA, Clinical
Physician, et al.,
Defendants.
________________________________________________
Appearances:
Shain Maldonado
15-B-2138
Upstate Correctional Facility
P.O. Box 2001
Malone, NY 12953
Plaintiff, pro se
David A. Rosenberg, Esq.
Hon. Letitia James
Office of New York State Attorney General
The Capitol
Albany, NY 12224
Attorney for Defendants
Hon. Brenda K. Sannes, United States District Judge:
MEMORANDUM-DECISION AND ORDER
Plaintiff Shain Maldonado, a New York State inmate, commenced this civil rights action
asserting claims under 42 U.S.C. § 1983 arising out of his incarceration at Upstate Correctional
Facility and Great Meadow Correctional Facility. (Dkt. No. 15). On July 23, 2018, Defendants
filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which
relief may be granted. (Dkt. No. 24). Plaintiff opposed the motion. (Dkt. No. 33). This matter

was referred to United States Magistrate Judge Thérèse Wiley Dancks who, on December 6,
2018, issued a Report-Recommendation recommending that Defendants’ motion to dismiss be
denied. (Dkt. No. 38). Magistrate Judge Dancks advised the parties that under 28 U.S.C.
§ 636(b)(1), they had fourteen days within which to file written objections to the report, and that
the failure to object to the report within fourteen days would preclude appellate review. (Id., at
20). No objections to the Report-Recommendation have been filed.
As no objections to the Report-Recommendation have been filed, and the time for filing
objections has expired, the Court reviews the Report-Recommendation for clear error. See
Petersen v. Astrue, 2 F. Supp. 3d 223, 228–29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory
committee’s note to 1983 amendment. Having reviewed the Report-Recommendation for clear
error and found none, the Court adopts the Report-Recommendation in its entirety.
For these reasons, it is
ORDERED that the Report-Recommendation (Dkt. No. 38) is ADOPTED in its
entirety; and it is further
ORDERED that Defendants’ motion to dismiss (Dkt. No. 24) is DENIED; and it is
further
ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with
the Local Rules.
IT IS SO ORDERED.
Dated: January 8, 2019
Syracuse, New York

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