Flemming v. Fischer et al, No. 9:2013cv00816 - Document 40 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: ORDERED that 37 Report and Recommendation is accepted in whole. Plaintiff's amended complaint is DISMISSED in its entirety for failure to state a claim and failure to comply with the September 29, 2014, Decision and Order. Signed by Judge David N. Hurd on 4/2/15. {order served via regular mail and certified mail/return receipt on plaintiff}(nas, )
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Flemming v. Fischer et al Doc. 40 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------WOODROW FLEMMING, Plaintiff, -v- 9:13-CV-816 (DNH/RFT) GERALDINE WILSON, Nurse, Upstate Correctional Facility, Defendant. -------------------------------APPEARANCES: WOODROW FLEMMING Plainitff, pro se P.O. Box 146 New York, NY 10039 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 ADRIENNE J. KERWIN, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Woodrow Flemming brought this action alleging violations of his civil rights pursuant to 42 U.S.C. § 1983. On March 12, 2015, the Honorable Randolph F. Treece, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's amended complaint be dismissed for failure to adequately cure the deficiencies identified in the September 29, 2014, Decision and Order granting plaintiff leave to amend his claim that Dockets.Justia.com defendant Wilson purposefully withheld permission for him to use a walking cane. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff's amended complaint is DISMISSED in its entirety for failure to state a claim and failure to comply with the September 29, 2014, Decision and Order; and 2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules, enter judgment accordingly, and close the file. IT IS SO ORDERED. Dated: April 2, 2015 Utica, New York. -2-
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