Robinson v. Ballard et al, No. 9:2013cv01213 - Document 41 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: ORDERED that 38 Report and Recommendation is adopted. ORDERED that 27 Motion to Dismiss is denied. Signed by Senior Judge Thomas J. McAvoy on 3/27/15.{order served via regular mail on plaintiff} (nas)
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Robinson v. Ballard et al Doc. 41 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ RENDELL ROBINSON, Plaintiff, 9:13-CV-1213 (TJM/TWD) v. LORENZO A. BALLARD, TIMOTHY HOLMES, MICHAEL J. WOJTANOWSKI, STEPHEN J. STRASSBERGER, JOSEPH BELLNIER, JOHN DOE HARPER, JOHN DOE CORY, BRIAN HILTON, JOHN DOE KALIES, ERIC ONYAN, ARDUINO A. CACCIOTTI, JR., JOHN DOE MCARDLE, Defendants. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge Dancks’ March 9, 2015 Order and Report-Recommendation [dkt. # 38] have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, this Court has determined that the Order and Report- 1 Dockets.Justia.com Recommendation is not subject to attack for plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ADOPTS the Order and Report-Recommendation [dkt. # 38] for the reasons stated therein. Therefore, it is hereby ORDERED that Defendants’ motion to dismiss for failure to state a claim (Dkt. No. 27) is DENIED. IT IS SO ORDERED. Dated:March 27, 2015 2
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