Miller v. Ramineni, et al, No. 9:2014cv01351 - Document 28 (N.D.N.Y 2016)
Court Description: DECISION AND ORDER: Based upon a de novo review of the Report-Recommendation, the 27 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED, that defendant's motion to dismiss (Dkt. No. 24 ) is GRANTED, and the complaint is DISMISSED IN ITS ENTIRETY. ORDERED, that the Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. The Clerk of the Court shall enter judgment and close this case. Signed by Judge David N. Hurd on 3/29/16. (served on plaintiff by regular mail) (alh, )
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Miller v. Ramineni, et al Doc. 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JESSE J. MILLER, Plaintiff, -v- 9:14-CV-1351 (DNH/CFH) DR. SUBBARAO RAMINENI, RN WAYNE VISALLR, OFFICER WIGGINS, OFFICER BARKER, JOHN DOE #1-13, Defendant. -------------------------------APPEARANCES: OF COUNSEL: JESSE J. MILLER Plaintiff, pro se 12-B-0543 Fishkill Correctional Facility P.O. Box 1245 Beacon, NY 12508 HON. ERIC T. SCHNEIDERMAN New York State Attorney General - Albany Attorneys for Defendant The Capitol Albany, NY 12224 NICOLE E. HAIMSON, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Jesse J. Miller brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 29, 2016, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion to dismiss the complaint Dockets.Justia.com for failure to state a claim be granted, and the complaint be dismissed in its entirety. See ECF No. 27. Neither party timely filed objections. Based upon a de novo review of the Report-Recommendation, the ReportRecommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that: 1. Defendant's motion to dismiss is GRANTED, and the complaint is DISMISSED IN ITS ENTIRETY; and 2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. The Clerk of the Court shall enter judgment and close this case. IT IS SO ORDERED. Dated: March 29, 2016 Utica, New York -2-
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