Summary
dismissing the discrimination claim under ADA where the complaint "provide[d] few specifics regarding [the plaintiff's] care, the services of which he was allegedly deprived, or programs in which he was allegedly not allowed to participate, or any reasons therefor articulated by [the defendants"
Summary of this case from LaPietra v. City of Albany Police Dep'tOpinion
5:14-CV-885 (DNH/TWD)
05-26-2015
WALTER WENGER, Plaintiff, v. NEW YORK STATE DEPARTMENT OF HEALTH; MARK LANKES, Individually and as Director of DDSO Region 2; TODD PODKOWKA, Individually and as Director of Health Services; MATTHEW JOHNSON, RN, Individually and as Treatment Team Leader of IRA3; KAY H. ROMERO, Individually and as Senior Attorney for OPWDD; CHARLES ZELOWS, Individually and as Treatment Team Leader of IRA3; DAVID VIGGIANI, individually and as Due Process Hearing Officer; LAURIE A. KELLEY, Individually and as Acting Director of OPWDD; and KERRY A. DELANEY, Individually and as Acting Director of OPWDD, Defendants.
APPEARANCES: WALTER WENGER Plaintiff pro se 4413 Whitman Road Canastota, NY 13032
APPEARANCES: WALTER WENGER
Plaintiff pro se
4413 Whitman Road
Canastota, NY 13032
OF COUNSEL: DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Walter Wenger filed this civil rights action primarily on behalf of his son Steven Joseph Wenger, in his capacity as Steven's court appointed guardian. On April 17, 2015, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed without prejudice. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Plaintiff's complaint is DISMISSED without prejudice; and
2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED.
/s/_________
United States District Judge
Dated: May 26, 2015
Utica, New York.