William E. Shaffer, Jr. v. Dr. Paul Tinsley and Guthrie Lourdes Medical Center

CourtDistrict Court, N.D. New York
DecidedJanuary 23, 2026
Docket3:25-cv-01587
StatusUnknown

This text of William E. Shaffer, Jr. v. Dr. Paul Tinsley and Guthrie Lourdes Medical Center (William E. Shaffer, Jr. v. Dr. Paul Tinsley and Guthrie Lourdes Medical Center) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
William E. Shaffer, Jr. v. Dr. Paul Tinsley and Guthrie Lourdes Medical Center, (N.D.N.Y. 2026).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________________

WILLIAM E. SHAFFER, JR.,

Plaintiff,

v. 3:25-cv-01587 (AJB/TWD)

DR. PAUL TINSLEY and GUTHRIE LOURDES MEDICAL CENTER,

Defendants. _______________________________________________

APPEARANCES:

WILLIAM E. SHAFFER, JR., Plaintiff, pro se 326841 Broome County Correctional Facility P.O. Box 2047 Binghamton, NY 13902

THÉRÈSE WILEY DANCKS, United States Magistrate Judge

REPORT-RECOMMENDATION AND ORDER I. INTRODUCTION The Clerk has sent to the Court for review a complaint submitted by pro se plaintiff William E. Shaffer, Jr. (“Plaintiff), together with an application to proceed in forma pauperis (“IFP”). Dkt. Nos. 1, 2. Plaintiff, who is incarcerated at Broome County Correctional Facility, has not paid the filing fee for this action. II. IFP APPLICATION “28 U.S.C. § 1915 permits an indigent litigant to commence an action in a federal court without prepayment of the filing fee that would ordinarily be charged.” Cash v. Bernstein, No. 1:09-CV-1922, 2010 WL 5185047, at *1 (S.D.N.Y. Oct. 26, 2010). “Although an indigent, incarcerated individual need not prepay the filing fee at the time of filing, he must subsequently pay the fee, to the extent he is able to do so, through periodic withdrawals from his inmate accounts.” Id. (citing 28 U.S.C. § 1915(b); Harris v. City of New York, 607 F.3d 18, 21 (2d Cir. 2010)).1

Upon review, the Court finds Plaintiff has submitted a completed and signed IFP application, which demonstrates economic need. Dkt. No. 2. Plaintiff has also filed the inmate authorization form required in this District. Dkt. No. 3. Accordingly, Plaintiff’s IFP application is granted.2 III. BACKGROUND Plaintiff commenced this action utilizing the Court’s form complaint for civil rights actions, identifying 42 U.S.C. § 1983 as the basis for his claims. See Dkt. No. 1 at 1. The complaint lists two defendants: Guthrie Lourdes Medical Center and Dr. Paul Tinsely. Id. at 2-3. Plaintiff alleges that, on an unspecified date, a “mass” on the right side of his neck was

removed. Id. at 3. Dr. Paul Tinsley “had it biopsied and it came back as Thyroid cancer.” Id. Dr. Tinsley diagnosed Plaintiff with thyroid cancer and told Plaintiff this type of cancer “does not spread, it stays in the thyroid.” Id. But “come to find out,” the “cancer had spread” and he is

1 Section 1915(g) prohibits a prisoner from proceeding in forma pauperis where, absent a showing of “imminent danger of serious physical injury,” a prisoner has filed three or more actions or appeals that were subsequently dismissed as frivolous, malicious, or failing to state a claim upon which relief may be granted. 28 U.S.C. § 1915(g). Based upon the Court’s review of Plaintiff’s litigation history on the Federal Judiciary’s Public Access to Court Electronic Records (“PACER”) Service, it does not appear that Plaintiff has accumulated three strikes for purposes of 28 U.S.C. § 1915(g).

2 Plaintiff should note that although his IFP application has been granted, he will still be required to pay fees that he may incur in this action, including copying and/or witness fees. “stage three.” Id. Dr. Tatiana Fedorova told Plaintiff the cancer is “in [his] lymph nodes.” Id. at 5. Plaintiff asserts a single claim for being “wrongly diagnosed.” Id. He seeks $10 million in damages. Id. IV. STANDARD OF REVIEW

Section 1915 of Title 28 requires a district court to dismiss an in forma pauperis complaint if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. See 28 § 1915(e)(2)(B)(i)-(iii); Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). The court must also dismiss a complaint, or portion thereof, when it lacks subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”). While the law mandates dismissal on any of these grounds, the court is obliged to construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to raise the “strongest arguments that they suggest.” Triestman v. Fed. Bureau of Prisons,

470 F.3d 471, 474-75 (2d Cir. 2006) (internal quotation marks and citation omitted, emphasis in original). A claim is frivolous when it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989), abrogated on other grounds Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007); see also Livingston, 141 F.3d at 437 (“[A]n action is ‘frivolous’ when either: (1) the factual contentions are clearly baseless . . . or (2) the claim is based on an indisputably meritless legal theory.”). Additionally, when reviewing a complaint, a court may look to the Federal Rules of Civil Procedure. See, e.g., Cole v. Smrtic, No. 1:24-CV-00847 (MAD/CFH), 2024 WL 4870495, at *2 (N.D.N.Y. Nov. 21, 2024) (explaining, “special solicitude for pro se pleadings has its limits, because pro se pleadings still must comply with . . . the Federal Rules of Civil Procedure . . . .”) (internal quotations and citation omitted), report and recommendation adopted, 2025 WL 247901 (N.D.N.Y. Jan. 21, 2025). To survive dismissal for failure to state a claim, a complaint must contain a short and plain statement of the claim showing that the pleader is entitled to relief.

Fed. R. Civ. P. 8(a)(2). This short and plain statement of the claim must be “plausible on its face.” Twombly, 550 U.S. at 570. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). In determining whether a complaint states a claim upon which relief may be granted, “the court must accept the material facts alleged in the complaint as true and construe all reasonable inferences in the plaintiff’s favor.” Hernandez v. Coughlin, 18 F.3d 133, 136 (2d Cir. 1994) (citations omitted). However, “the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions.” Iqbal, 556 U.S. at 678. “Threadbare recitals of the elements of a cause of action, supported by mere conclusory

statements, do not suffice.” Id. V. DISCUSSION A. Section 1983 Claims Plaintiff brings this action under 42 U.S.C. § 1983, which provides in relevant part: [e]very person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . .

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William E. Shaffer, Jr. v. Dr. Paul Tinsley and Guthrie Lourdes Medical Center, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-e-shaffer-jr-v-dr-paul-tinsley-and-guthrie-lourdes-medical-nynd-2026.