Charles v. New York State Dep. of Correctional Serv

Full title: HAROLD CHARLES Plaintiff, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL…

Court: United States District Court, N.D. New York

Date published: Mar 31, 2009

9:07-CV-1274 (N.D.N.Y. Mar. 31, 2009)

Opinion

9:07-CV-1274.

March 31, 2009

AARON H. MENDELSOHN, ESQ., AMANDA R. GAYNOR, ESQ., TROUTMAN, SANDERS LAW FIRM — NY Office, The Chrysler Building, New York, NY.

ADRIENNE J. KERWIN, ESQ., Ass't Attorney General, HON. ANDREW M. CUOMO, Attorney General for the State of New York, Attorney for Defendants, The Capitol, Albany, NY.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On March 9, 2009, the Honorable Gustave J. DiBianco, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion to dismiss be granted in part and denied in part. No objections to the Report-Recommendation were filed.

Based upon a careful review of entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is

ORDERED that

1. Defendants' motion to dismiss is GRANTED only to the extent that the complaint can be read to allege an ADA or RA claim in defendants' "individual capacities;"

2. Defendants' motion to dismiss is DENIED in all other respects; and

3. Defendants file and serve an Answer to the Complaint on or before April 14, 2009.

IT IS SO ORDERED.