Summary
finding that prison social worker and psychologist had no authority to override the decision of the treating psychiatrist regarding appropriate medication for an inmate/patient; further, they had no reason to know that the psychiatrist was not appropriately treating the plaintiff
Summary of this case from Ippolito v. GoordOpinion
9:05-CV-01439 (LEK/DEP).
March 20, 2008
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on February 26, 2008, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 57).
Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Peebles' Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, it is hereby
ORDERED, that the Report-Recommendation (Dkt. No. 57) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED that Defendants' Motion for partial summary judgment (Dkt. No. 50) is GRANTED, and it is further ORDERED, that Plaintiff's claims against defendants Woods, Canning, Wurzberger, Amberman, Crosier, and Walsh are DISMISSED; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.