Cryer v. UMass Med. Corr. Health

Full title: DEREK SINCERE BLACK WOLF CRYER, Plaintiff, v. UMASS MEDICAL CORRECTIONAL…

Court: UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Date published: Nov 25, 2011

Civil Action No. 10-11346-PBS (D. Mass. Nov. 25, 2011)

Opinion

Civil Action No. 10-11346-PBS Docket No. 27 Docket No. 54 Docket No. 56 Docket No. 62 Docket No. 75

11-25-2011

DEREK SINCERE BLACK WOLF CRYER, Plaintiff, v. UMASS MEDICAL CORRECTIONAL HEALTH, TERRE K. MARSHALL, DYANA NICKL, RUSSELL PHELPS, MARLENE DODGE, ANGELA D'ANTONIO, LYNN SAROA, THOMAS DICKHAUT, and PAMELA O'DELL Defendants.

Boal

REPORT AND RECOMMENDATION

Boal, M.J.

Plaintiff Derek Sincere Black Wolf Cryer ("Cryer") has sued, pro se,¹ various defendants alleging that they committed, among other things, negligence and constitutional violations by failing to provide him with adequate medical care. (Docket No. 1). Defendant UMass Medical Correctional Health ("UMCH") has moved to dismiss the complaint pursuant to Rule 12(b)(1). (Docket No. 54). In response to UMCH's motion, Cryer voluntarily has moved to dismiss UMCH from the complaint and substitute "UMCH Employee(s) Policy Makers" in its stead.

1 Accordingly, this Court is required to construe Cryer's pleadings liberally. Ayala Serrano v. Gonzalez. 909 F.2d 8, 15 (1st Cir. 1991).