-GHL Caban v. Hendry et al, No. 9:2009cv01227 - Document 27 (N.D.N.Y 2011)
Court Description: DECISION and ORDER re Report-Recommendation. ORDERED that defendants' motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) is denied. Signed by Judge David N. Hurd on 6/29/2011. (served plaintiff by regular mail) (mnc)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------LUIS CABAN, Plaintiff, -v- 9:09-CV-01227 KIETH HENDRY, Correction Sergeant; WILLIAM KLINE, Correction Sergeant; D. WINCHIP, Correction Sergeant; and JAMES PATCH, Correction Officer, Defendants. -------------------------------APPEARANCES: OF COUNSEL: LUIS CABAN, pro se 05-A-0833 Wende Correctional Facility P.O. Box 1187 Alden, NY 14004 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 DOUGLAS J. GOGLIA, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. ยง 1983. On June 2, 2011, the Honorable George H. Lowe, United States Magistrate Judge, advised, by ReportRecommendation, that defendants' motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) be denied. No objections to the Report-Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that defendants' motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) is DENIED. IT IS SO ORDERED. Dated: June 29, 2011 Utica, New York. -2-
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