Miller v. Washington County Sheriffs Offices et al, No. 9:2013cv01405 - Document 59 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: ORDERED that 57 Report and Recommendation is accepted in whole. ORDERED that 10 Motion for Summary Judgment is granted and defendant Wade H. Rodenmayer is DISMISSED from this action. Signed by Judge David N. Hurd on 2/26/15. {order served via regular mail and certified mail/return receipt requested on plaintiff}(nas)
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Miller v. Washington County Sheriffs Offices et al Doc. 59 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------SEAN R. MILLER, Plaintiff, No. 9:13-CV-1405 (DNH/ATB) -v- MICHELLE WINCHELLE, Registered Nurse, Washington County Jail / Hudson Headwaters Health Center; WADE H. RODENMAYER, RPA-C ECC, Glens Falls Hospital Emergency Room; and GLENS FALLS HOSPITAL, Defendants. -------------------------------APPEARANCES: OF COUNSEL: SEAN R. MILLER Plaintiff, Pro Se 26 McDonalds Street Apt B Glens Falls, NY 12801 FITZGERALD MORRIS BAKER FIRTH, P.C. Attorneys for Defendant Winchelle 16 Pearl Street P.O. Box 2017 Glens Falls, NY 12801 JOHN D. ASPLAND, ESQ. WILLIAM A. SCOTT, ESQ. MCPHILLIPS, FITZGERALD & CULLUM, L.L.P. Attorneys for Defendants Rodenmayer and Glens Falls Hospital 288 Glen Street P.O. Box 299 Glens Falls, NY 12801 JAMES E. CULLUM, ESQ. COURTNEY M. HASKINS, ESQ. DAVID N. HURD United States District Judge Dockets.Justia.com DECISION and ORDER Pro se plaintiff Sean R. Miller brought this civil rights action pursuant to 42 U.S.C. § 1983. On January 27, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendant Rodenmayer's converted motion for summary judgment be granted and that plaintiff's claims against him be dismissed. 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 Wade H. Rodenmayer's converted motion for summary judgment is GRANTED; 2. Defendant Wade H. Rodenmayer is DISMISSED from this action; and 3. The Clerk serve a copy of this Decision and Order on plaintiff. IT IS SO ORDERED. Dated: February 26, 2015 Utica, New York. -2-
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