Hamm v. Annucci et al, No. 9:2013cv01302 - Document 33 (N.D.N.Y 2014)
Court Description: DECISION and ORDER: ORDERED that 31 Report and Recommendation is accepted in whole. ORDERED that 23 Motion to Dismiss for Failure to State a Claim is DENIED. Defendant is directed to file an answer to the complaint on or before September 11, 2014. Signed by Judge David N. Hurd on 8/28/14. {order served via regular mail on plaintiff}(nas)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ALAN HAMM, Plaintiff, No. 9:13-CV-1302 (DNH/CFH) -vMR. M. FARNEY, ASAT Counselor, Gouverneur Correctional Facility, Defendant. -------------------------------APPEARANCES: OF COUNSEL: ALAN HAMM Plaintiff Pro Se 05-A-0837 Gouverneur Correctional Facility Scotch Settlement Road P.O. Box 480 Gouverneur, NY 13642 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 RICHARD LOMBARDO, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Alan Hamm brought this action pursuant to 42 U.S.C. § 12131. On July 29, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) 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 1. Defendant's motion to dismiss is DENIED; 2. Defendant is directed to file an answer to the complaint on or before September 11, 2014; and 3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. Dated: August 28, 2014 Utica, New York. -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
