Ortiz-Rodriguez v. New York State Department of Correctional Services

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, Luis Ortiz-Rodriguez (“Rodriguez”), appearing pro se, commenced this action pursuant to 42 U.S.C. § 1983. Plaintiff, who at the time this action was commenced, was an inmate in the custody of the New York State Department of Correctional Services (“DOCS”) alleges that defendants Dr. Joseph Tan, MD and Superintendent James Berbary, who were at all relevant times employed by DOCS, violated his constitutional rights in connection with plaintiffs medical care and treatment in 2005, while plaintiff was incarcerated at Collins…