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Butler v. Smith

United States District Court, N.D. New York
Sep 10, 2008
No. 9:07-CV-00431 (FJS/DEP) (N.D.N.Y. Sep. 10, 2008)

Summary

dismissing medical indifference claim against corrections sergeant who was present during allegedly inadequate evaluation of plaintiff by medical staff where there were no allegations that corrections sergeant "had any medical training, . . . [or] had any other reason to question the judgment of those medical staff members and their treatment of plaintiff "

Summary of this case from Borges v. Schenectady Cnty.

Opinion

No. 9:07-CV-00431 (FJS/DEP).

September 10, 2008

Keith Terrell Butler, Pro Se, 05-A-1392, Attica Correctional Facility, Attica, NY.

HON. ANDREW M. CUOMO, Attorney General for the State Of New York, RICHARD LOMBARDO, ESQ., Assistant Attorney General, Counsel for Defendants, Syracuse, NY.


DECISION AND ORDER


Currently before the Court is Magistrate Judge David E. Peebles' August 20, 2008 Report-Recommendation to which the parties have filed no objections. Having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby

ORDERS that the Report-Recommendation of Magistrate Judge David E. Peebles filed August 20, 2008 is ACCEPTED in its entirety, for the reasons stated therein, and the Court further

ORDERS that within thirty (30) days from the filing of this Order plaintiff may file an amended complaint which shall supersede and replace in its entirety Plaintiff's original complaint, and the Court further

ORDERS that if plaintiff fails to comply fully with this Order, and does not file an amended complaint in this action within thirty (30) days from the filing of this Order, the Clerk of the Court shall enter judgment in favor of the defendants and dismiss this action without further Order of this Court.

IT IS SO ORDERED.


Summaries of

Butler v. Smith

United States District Court, N.D. New York
Sep 10, 2008
No. 9:07-CV-00431 (FJS/DEP) (N.D.N.Y. Sep. 10, 2008)

dismissing medical indifference claim against corrections sergeant who was present during allegedly inadequate evaluation of plaintiff by medical staff where there were no allegations that corrections sergeant "had any medical training, . . . [or] had any other reason to question the judgment of those medical staff members and their treatment of plaintiff "

Summary of this case from Borges v. Schenectady Cnty.

dismissing medical indifference claim against corrections sergeant who was present during allegedly inadequate evaluation of plaintiff by medical staff where there were no allegations that corrections sergeant "had any medical training, . . . [or] had any other reason to question the judgment of those medical staff members and their treatment of plaintiff"

Summary of this case from Frank v. N.Y. Dep't of Corr. & Cmty. Supervision

dismissing medical indifference claim against Sergeant who was not a medical professional and had no reason to believe actions taken regarding plaintiff were inadequate

Summary of this case from Girard v. Cuttle
Case details for

Butler v. Smith

Case Details

Full title:KEITH TERRELL BUTLER, Plaintiff, v. J. SMITH, R.N., Upstate Correctional…

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

Date published: Sep 10, 2008

Citations

No. 9:07-CV-00431 (FJS/DEP) (N.D.N.Y. Sep. 10, 2008)

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