Opinion
No. 9:11-CV-1457
02-20-2014
JAMEL KING, Plaintiff, v. C.O. MCINTYER; LT. MCDERMOTT; C.O. STEVENS; SGT. YOUNG; C.O. KANE; C.O. HESSLE; C.O. DOTY; C.O. CATLIN; DEPT. C. MILLER; COMM. BRIAN FISCHER; and SUP. MARTUSCELLO, Defendants.
APPEARANCES: JAMEL KING, 01-A-4949 Plaintiff pro se Elmira Correctional Facility HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants OF COUNSEL: DOUGLAS J. GOGLIA, ESQ. Ass't Attorney General
APPEARANCES: JAMEL KING, 01-A-4949
Plaintiff pro se
Elmira Correctional Facility
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
OF COUNSEL: DOUGLAS J. GOGLIA, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Jamel King brought this action pursuant to 42 U.S.C. § 1983. On December 31, 2013, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) be granted in part and denied in part. No objections to the Report-Recommendation were filed.
Plaintiff requested an extension of time to file objections to the Report-Recommendation and was granted until February 7, 2014 to do so.
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. Defendants' motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED in part and DENIED in part;
2. Plaintiff's official capacity claims for damages against all defendants are DISMISSED;
3. Plaintiff's claim for injunctive relief in the form of stopping harassment at the Coxsackie Correctional Facility is DISMISSED;
4. Plaintiff's claims against defendant Doty are sua sponte DISMISSED without prejudice for failure to serve that defendant; and
5. The remaining defendants C.O. McIntyer; Lt. McDermott; C.O. Stevens; Sgt. Young; C.O. Kane; C.O. Hessle; C.O. Catlin; Dept. C. Miller; Comm. Brian Fischer; and Sup. Martuscello are directed to respond to the complaint as provided for in the Federal Rules of Civil Procedure.
The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. IT IS SO ORDERED.
________________
United States District Judge
Dated: February 20, 2014
Utica, New York.