GUARNERI v. HAZZARD

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Docket Number

9:06-CV-0985.

Attorney(S)

FOR THE PLAINTIFF: JOSEPH P PAUL GUARNERI, 05-B-0213, Elmira Correctional Facility, Elmira, New York, Plaintiff Pro Se. GREGG T. JOHNSON, ESQ., JACINDA HALL CONBOY, ESQ., SCOTT P. QUESNEL, ESQ., GIRVIN FERLAZZO, P.C., Albany, New York, Attorney for Defendants Hazzard, Cronk, Marsh, Grippin, Howland, and Mace. JUSTIN O. CORCORAN, ESQ., O'CONNOR, O'CONNOR, BRESEE FIRST, P.C., Albany, New York, Attorney for Defendant Weitz. BRUCE J. BOIVIN, ESQ., Assistant Attorney General, HON. ANDREW M. CUOMO, Attorney General for the State of New York, The Capitol, Albany, New York, Attorney for Defendant Sullivan.

Judges

Norman A. Mordue

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JOSEPH P PAUL GUARNERI, Plaintiff, v. LT. JAMES HAZZARD; CPL J. CRONK; DEPUTY PAUL MARSH, JR.; DEPUTY GRIPPIN; DEPUTY HOWLAND; FREDERICK C. LAMY, Commissioner; FRANCIS T. SULLIVAN, Commissioner; DEPUTY MACE; JOHN DOE, Deputy; and DR. WEITZ, Defendants.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed on the 6^th day of February 2008. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED, that:

1. The Report-Recommendation is hereby approved.

2. Sullivan's motion to dismiss (Docket No. 43) is granted and that the amended complaint is dismissed in its entirety as to her.

3. Dr. Weitz's motion to dismiss (Docket No. 19) is:

a. Granted as to his lack of personal involvement with the confiscation of the knee brace;

b. Denied as to his lack of personal involvement in Guarneri's neck, back, and mental health treatments;

c. Denied as to Guarneri's back and neck injuries sustained in 2003; and

d. Granted as to Guarneri's back and neck injuries sustained in 2000.

4. The amend complaint is dismissed without prejudice as to defendants Lamy and John Doe.

5. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.

JOSEPH P PAUL GUARNERI, Plaintiff, v. LT. JAMES HAZZARD; CPL J. CRONK; DEPUTY PAUL MARSH, JR.; DEPUTY GRIPPIN; DEPUTY HOWLAND; FREDERICK C. LAMY, Commissioner; FRANCIS T. SULLIVAN, Commissioner; DEPUTY MACE; JOHN DOE, Deputy; and DR. WEITZ, Defendants.

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