Sullivan v. Chappius
District Court, W.D. New York
1Opinion of the Court
DECISION AND ORDER
DAVID G. LARIMER, District Judge.
This is a civil rights action by an employee of the New York State Department of Corrections (“DOCS”), Daniel Sullivan, against two other DOCS employees, Paul Chappius and David Napoli. Defendants have moved to dismiss the complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff has not responded to the motion. For the reasons that follow, the motion is granted, and the complaint is dismissed.
BACKGROUND
Plaintiff commenced this action on April 16, 2003. In one of many oddities, mistakes and defects…
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