Summary
rejecting non-exhaustion defense where the plaintiff did not learn that the defendants had diagnosed him with hepatitis and failed to provide treatment until three years after the diagnosis
Summary of this case from Tomony v. Cnty. of SuffolkOpinion
No. 9:07-CV-484 (FJS/DEP).
July 7, 2009
FOR PLAINTIFF: GREGORY STARNES, Pro Se, 06-R-3966, Wallkill Correctional Facility, Wallkill, NY.
FOR DEFENDANTS : TIMOTHY P. MULVEY, ESQ., Assistant Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Syracuse, NY.
ORDER
After carefully considering the entire file in this matter, including Magistrate Judge Peebles' June 11, 2009 Report and Recommendation to which the parties have not filed any objections; Defendants' motion for summary judgment and plaintiff's claims against defendant Jane Doe, the Court hereby
ORDERS that Magistrate Judge Peebles' June 11, 2009 Report and Recommendation is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further
ORDERS that Defendants' motion for summary judgment is GRANTED IN PART and DENIED IN PART; and the Court further
ORDERS that Plaintiff's claims against Defendant Jane Doe are DISMISSED WITHOUT PREJUDICE; and the Court further
ORDERS that Defendants' motion for summary judgment is, in all other respects, DENIED; and the Court further
ORDERS that this matter is referred to Magistrate Judge Peebles for a Final Pretrial Conference.
IT IS SO ORDERED.