Summary
finding no protected interest in plaintiff's request for medical transfer
Summary of this case from JCG v. ErcoleOpinion
9:11-CV-1281 (GTS/TWD)
2013-09-27
RICHARD KEARNEY, Plaintiff, v. N.Y.S. D.O.C.S.; and DR. KARANDY, Facility Health Servs. Dir., Great Meadow Corr. Facility, Defendants.
RICHARD KEARNEY, 03-A-4948 Plaintiff, Pro Se Green Haven Correctional Facility HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Counsel for Defendants OF COUNSEL: C. HARRIS DAGUE, ESQ. Assistant Attorney General
APPEARANCES: RICHARD KEARNEY, 03-A-4948
Plaintiff, Pro Se
Green Haven Correctional Facility
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Counsel for Defendants
OF COUNSEL: C. HARRIS DAGUE, ESQ.
Assistant Attorney General
GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
Currently before the Court, in this pro se prisoner civil rights action filed by Richard Kearney ("Plaintiff") against the above-captioned entity and individual ("Defendants"), are (1) Defendants' motion for summary judgment, (2) United States Magistrate Judge Therese Wiley Dancks' Report-Recommendation recommending that Defendants' motion be granted, and (3) Plaintiff's Objection to the Report-Recommendation. (Dkt. Nos. 27, 37, 38.) After carefully reviewing the relevant filings in this action, the Court can find no error in the Report-Recommendation, clear or otherwise: Magistrate Judge Dancks employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 37.)
ACCORDINGLY, it is
ORDERED that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 37) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Defendants' motion for summary judgment (Dkt. No. 27) is GRANTED in its entirety; and it is further
ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED. The Clerk is directed to enter judgment in favor of the defendants and close this case. Dated: September 27, 2013
Syracuse, New York
______________________
Hon. Glenn T. Suddaby
U.S. District Judge