Cummings v. Clinton County Legislature et al, No. 9:2014cv00281 - Document 11 (N.D.N.Y 2014)

Court Description: DECISION AND ORDER: ORDERED that 10 Report and Recommendation is accepted in whole. ORDERED that Plaintiff's complaint is DISMISSED WITH PREJUDICE as to all claims against defendants Clinton County Legislature; Commission of Correction; Cl inton County Jail; and Clinton County Medical Department. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE to plaintiff filing an amended complaint with respect to medical care claims against defendant Favro/and or others as stated in the Report-Recommendation within sixty (60) days of the date of this Decision and Order. Signed by Judge David N. Hurd on 8/26/14. {order served via regular mail on plaintiff}(nas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ERVIN CUMMINGS, Plaintiff, No. 9:14-CV-281 (DNH/ATB) -vCLINTON COUNTY LEGISLATURE, et al., Defendants. -------------------------------APPEARANCES: OF COUNSEL: DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Ervin Cummings brought this civil rights action. On July 22, 2014, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by ReportRecommendation that plaintiff's complaint be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). 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. Plaintiff's complaint is DISMISSED WITH PREJUDICE as to all claims against defendants Clinton County Legislature; Commission of Correction; Clinton County Jail; and Clinton County Medical Department; 2. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE to plaintiff filing an amended complaint with respect to medical care claims against defendant Favro/and or others as stated in the Report-Recommendation within sixty (60) days of the date of this Decision and Order; and 3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. IT IS SO ORDERED. Dated: August 26, 2014 Utica, New York. -2-

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