Anderson v. Kooi et al, No. 9:2007cv01257 - Document 45 (N.D.N.Y 2011)

Court Description: DECISION and ORDER 41 Report and Recommendations. ORDERED that Defendants' motion for summary judgment (Docket No. 43 ) is granted in part and denied in part as follows: All claims for damages against the defendants in their official capaciti es are dismissed; Defendants Kooi and Collette are granted summary judgment to the extend that plaintiff's deliberate indifference claim is based on treatment for pain; Defendants Kooi and Collette are denied summary judgment to the extend that the amended complaint alleges deliberate indifference based on rapid weight loss and the failure to provide nutritional supplements; Defendants Wright's summary judgment motion is granted, and all claims against him are dismissed; Defendant Pett igrass' summary judgment motion is granted, and all federal claims against him are dismissed; Jurisdiction over plaintiff's state law claim of defamation is declined and dismissed without prejudice; Defemdamt Kooi's and Collette's motion for summary judgment on qualified immunity grounds is denied; ORDERED that The Clerk is directed to return the file to the Magistrate Judge for further scheduling and/or pretrial procedures. Signed by Judge David N. Hurd on 4/1/2011. (served plaintiff by regular mail)(mnc)