Walker v. Rosa

- 1 -
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_____________________________________
TAUHEEDAH WALKER,
Plaintiff,
-v- 	1:24-CV-1171 (AJB/PJE)
BETTY A. ROSA,
Defendant.
_____________________________________
APPEARANCES: 	OF COUNSEL:
TAUHEEDAH WALKER
Plaintiff, Pro Se
428 East 137th Street, Apt. 1D
Bronx, NY 10454
Hon. Anthony Brindisi, U.S. District Judge:
ORDER ON REPORT & RECOMMENDATION
On September 25, 2024, pro se plaintiff Tauheedah Walker (“plaintiff”) filed this action
alleging that defendant New York State Education Department Commissioner Betty A. Rosa has
wrongfully withheld or refused to process her application for a nurse practitioner’s license. Dkt.
No. 1. Along with her complaint, plaintiff moved for leave to proceed in forma pauperis (“IFP
Application”). Dkt. No. 2. The matter was initially assigned to Senior U.S. District Judge Glenn
T. Suddaby, who referred the pleading to the magistrate judge for an initial review. The case has
since been reassigned to this Court for all further proceedings. Dkt. No. 5.
On May 6, 2025, U.S. Magistrate Judge Paul J. Evangelista granted the IFP Application
and, after an initial review of the pleading, advised by Report & Recommendation (“R&R”) that
plaintiff’s complaint should be dismissed with partial leave to amend. Dkt. No. 6. There, Judge
Case 1:24-cv-01171-AJB-PJE Document 15 Filed 11/25/25 Page 1 of 4

- 2 -
Evangelista explained that plaintiff might be able to allege a more detailed set of facts that would
substantiate how defendant Rosa was “personally involved” in the alleged conduct, which was a
necessary element of any civil rights claim under 42 U.S.C. § 1983. See id. This Court adopted
the R&R over plaintiff’s objections on May 29, 2025. Dkt. No. 8. Thereafter, plaintiff moved to
amend her pleading, Dkt. No. 9, and filed a proposed amended complaint, Dkt. No. 9-1.
On October 29, 2025, after conducting an initial review of plaintiff’s proposed amended
complaint, Judge Evangelista advised by R&R that plaintiff’s motion amend be granted in part
and denied in part. Dkt. No. 13. Judge Evangelista recommended that plaintiff’s: (1) § 1983
official-capacity money damages claims against defendants Rosa and Hamilton be dismissed
without leave to amend; (2) § 1983 individual-capacity Fourteenth Amendment Due Process
claims against defendants Rosa and Hamilton be dismissed without leave to amend; (3) § 1983
claims against defendants the New York State Education Department and Correctional Health
Services be dismissed without leave to amend; and (4) § 1983 claims for mandamus relief be
dismissed without leave to amend.
However, Judge Evangelista recommended that plaintiff’s: (1) § 1983 individual-capacity
Fourteenth Amendment Equal Protection claims against defendants Rosa and Hamilton be
dismissed with leave to amend; (2) § 1983 individual-capacity First Amendment retaliation claim
against defendants Rosa and Hamilton be dismissed with leave to amend; (3) § 1983 First
Amendment retaliation claim against defendant New York City Health and Hospitals be
dismissed with leave to amend; (4) individual-capacity § 1983 conspiracy claim against
defendants Rosa and Hamilton be dismissed with leave to amend; and (5) § 1983 conspiracy
claim against defendant New York City Health and Hospitals be dismissed with leave to amend.
Case 1:24-cv-01171-AJB-PJE Document 15 Filed 11/25/25 Page 2 of 4

- 3 -
Neither party has lodged objections. The time period in which to do so has expired. See
Dkt. No. 66. Upon review for clear error, the R&R will be accepted and adopted. See FED. R.
C IV. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 13) is ACCEPTED;
2. Plaintiff’s motion to amend her complaint (Dkt. No. 9) is GRANTED in part and
DENIED in part:
3. The following claims are dismissed without leave to amend:
- § 1983 official-capacity money damages claims against defendants Rosa and
Hamilton;
- § 1983 individual-capacity Fourteenth Amendment Due Process claims against
defendants Rosa and Hamilton;
- § 1983 claims against defendants New York State Education Department and
Correctional Health Services; and
- § 1983 claims for mandamus relief.
4. The following claims are dismissed with leave to amend:
- § 1983 individual-capacity Fourteenth Amendment Equal Protection claims
against defendants Rosa and Hamilton;
- § 1983 individual-capacity First Amendment retaliation claim against
defendants Rosa and Hamilton;
- § 1983 First Amendment retaliation claim against defendant New York City
Health and Hospitals;
Case 1:24-cv-01171-AJB-PJE Document 15 Filed 11/25/25 Page 3 of 4

- 4 -
- individual-capacity § 1983 conspiracy claim against defendants Rosa and
Hamilton; and
- § 1983 conspiracy claim against defendant New York City Health and Hospitals.
and
5. Plaintiff’s proposed amended complaint is otherwise DISMISSED without prejudice
and with leave to amend.
The Clerk of the Court is directed to terminate the pending motions and set a deadline for
amendment.
IT IS SO ORDERED.
Dated: November 25, 2025
Utica, New York.
Case 1:24-cv-01171-AJB-PJE Document 15 Filed 11/25/25 Page 4 of 4