James v. Morgan et al, No. 9:2013cv00526 - Document 20 (N.D.N.Y 2014)

Court Description: DECISION and ORDER: Pro se plaintiff Rodney Keith James brought this action pursuant to 42 U.S.C. § 1983. On July 9, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendants� 39; motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) be denied. Defendants timely filed objections to the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommenda tion to which defendants objected, the 17 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) is DENIED; 2. Defendants are directed to respond to the complaint in the manner provided for by the Federal Rules of Civil Procedure; and 3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. Signed by Judge David N. Hurd on 8/5/2014. (ptm) (Copy served on plaintiff by regular mail)