Opinion
9:17-CV-254 (DNH/ATB)
03-15-2018
JEAN BERNIER, also known as, CHARLES WATSON, Plaintiff, v. KOENIGSMANN, Chief Medical Officer; SUPERINTENDENT STALLONE, Deputy Supt. Jones; ROBINSON, First Deputy Superintendent; CORYER, Nurse Administrator; SHU SARGEANT DONNELLY; HEARING OFFICER SCHENK; HEARING OFFICER LT. MORGAN; HEARING OFFICER CAPT CHAPIN; NURSE PRACTITIONER O'CONNOR-RYERSON; NURSE PRACTITIONER JEAVONS; NURSE BOYD; SHU PROPERTY OFFICER GILFUS; HESSE, Law Library Officer; SHARON ASHLEY, R.N.; SUPERINTENDENT WENDERLICH; ASDA GARDNER; FHSD CANFIELD; DINELLO, Regional Medical Director; and DR. MUELLER, Defendants.
APPEARANCES: JEAN BERNIER also known as CHARLES WATSON Plaintiff pro se 29463-054 Butner Federal Medical Center Inmate Mail/Parcels P.O. BOX 1600 Butner, NC 27509 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 OF COUNSEL: KYLE W. STURGESS, ESQ. Ass't Attorney General
APPEARANCES: JEAN BERNIER also known as
CHARLES WATSON
Plaintiff pro se
29463-054
Butner Federal Medical Center
Inmate Mail/Parcels
P.O. BOX 1600
Butner, NC 27509 HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224 OF COUNSEL: KYLE W. STURGESS, ESQ.
Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Jean Bernier also known as Charles Watson brought this civil rights action pursuant to 42 U.S.C. § 1983. On November 22, 2017, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to revoke plaintiff's IFP status be denied and that defendants' motion to dismiss be granted in part and denied in part. Magistrate Judge Baxter recommended that defendants' motion to dismiss be granted as to the claims against defendants Stallone, Schenk, Morgan, and Chapin and all claims against those defendants be dismissed with prejudice and that defendants' motion be denied in all other respects. No objections to the Report-Recommendation were filed.
Based upon a careful review of the Report-Recommendation, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion to revoke plaintiff's IFP status is DENIED;
2. Defendants' motion to dismiss is GRANTED in part and DENIED in part;
3. Defendants' motion to dismiss is GRANTED as to the claims against defendants Stallone, Schenk, Morgan, and Chapin and all claims against those defendants are DISMISSED with prejudice; and
4. Defendants' motion to dismiss is DENIED in all other respects.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: March 15, 2018
Utica, New York.