Johnson v. County of Saratoga et al, No. 9:2018cv00096 - Document 96 (N.D.N.Y 2019)

Court Description: DECISION AND ORDER: ORDERED that 88 Report and Recommendation is accepted and adopted in all respects. ORDERED that 78 Motion for Summary Judgment is granted and that the second amended complaint is DISMISSED as against defendant Dr. Lawrence Fein. Signed by Judge David N. Hurd on 4/26/19.{order served via regular mail on plaintiff} (nas)

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Johnson v. County of Saratoga et al Doc. 96 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------CRAIG L. JOHNSON, Plaintiff, -v- 9:18-CV-96 (DNH/DEP) DR. LAWRENCE FEIN, formerly known as Dr. Fien; LISA MCINERNEY, Nurse, formerly known as Nurse McInerney; CATHERINE PIENKOWSKI, formerly known as Nurse Punkoski; and DR. JENNIFER KEEFER, Saratoga County Jail, Defendants. -------------------------------APPEARANCES: CRAIG L. JOHNSON Plaintiff pro se 17-A-1173 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 THORN GERSHON TYMANN AND BONANNI, LLP Attorneys for Defendant Dr. Lawrence Fein 5 Wembley Court P.O. Box 15054 Albany, NY 12205 ERIN P. MEAD, ESQ. MATTHEW H. MCNAMARA, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Craig L. Johnson brought this civil rights action pursuant to 42 U.S.C. § 1983. On March 25, 2019, the Honorable David E. Peebles, United States Magistrate Dockets.Justia.com Judge, advised by Report-Recommendation that defendant Dr. Lawrence Fein's motion for summary judgment be granted and that all claims against him be dismissed. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendant Dr. Lawrence Fein's motion for summary judgment is GRANTED; and 2. The second amended complaint is DISMISSED as against defendant Dr. Lawrence Fein. IT IS SO ORDERED. Dated: April 26, 2019 Utica, New York. 2

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