-DRH Johnson v. Corrections Officer Truedo et al, No. 9:2011cv00627 - Document 22 (N.D.N.Y 2012)
Court Description: DECISION AND ORDER: Report-Recommendation 21 is accepted in whole. See 28 U.S.C. 636(b)(1). Therefore it is ORDERED that Defendants' motion to dismiss 13 is DENIED. Signed by Judge David N. Hurd on 7/26/2012. (ptm) (Copy served on plaintiff by regular mail)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------- ROBERT JOHNSON, Plaintiff, 9:11-CV-627 (DNH/DRH) -v- CORRECTIONS OFFICER TRUEDO and CORRECTIONS OFFICER HAZE, Defendants. -------------------------------APPEARANCES: OF COUNSEL: ROBERT JOHNSON Plaintiff Pro Se Apartment 2 104 Winnikee Avenue Poughkeepsie, NY 12601 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 action pursuant to 42 U.S.C. ยง 1983. On June 15, 2012, the Honorable David R. Homer, United States Magistrate Judge, advised, by ReportRecommendation, that defendants' motion to dismiss 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). Therefore it is ORDERED that Defendants' motion to dismiss is DENIED. IT IS SO ORDERED. Dated: July 26, 2012 Utica, New York. -2-
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