Robinson v. S1aven et al, No. 9:2018cv01232 - Document 45 (N.D.N.Y 2020)
Court Description: DECISION AND ORDER: ORDERED that 43 Report and Recommendation is accepted in whole. ORDERED that 10 Defendant Slaven's motion to dismiss the excessive claim against him is DENIED. ORDERED that Defendants are directed to file an answer to the Complaint within twenty (20) days of the date of this Decision and Order. Signed by Judge David N. Hurd on 1/6/2020. {order served via regular mail on plaintiff}(nas)
Download PDF
<![CDATA[
Robinson v. S1aven et al Doc. 45 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------RENDELL ROBINSON, Plaintiff, -v- 9:18-CV-1232 (DNH/ML) JOHN SLAVEN, Correctional Sergeant, Coxsackie Correctional Facility, formerly known as Shaven; MICHAEL MUSSEN, JR., Correction Officer, Clinton Correctional Facility, formerly known as M. Muggen; and DAVID GUMLAW, Correctional Officer, Clinton Correctional Facility, formerly known as D. Gumlaw, Defendants. -------------------------------APPEARANCES: RENDELL ROBINSON Plaintiff, Pro Se Fort Washington Men's Shelter 651 W. 168th Street New York, NY 10032 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 KONSTANDINOS D. LERIS, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge Dockets.Justia.com DECISION and ORDER Pro se plaintiff Rendell Robinson brought this civil rights action pursuant to 42 U.S.C. § 1983. On November 12, 2019, the Honorable Miroslav Lovric, United States Magistrate Judge, advised by Report and Recommendation that defendant Slaven's motion to dismiss the excessive claim against him be denied. No objections to the ReportRecommendation were filed.1 Based upon a careful review of 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 Slaven's motion to dismiss the excessive claim against him is DENIED; and 2. Defendants are directed to file an answer to the Complaint within twenty (20) days of the date of this Decision and Order. IT IS SO ORDERED. Dated: January 6, 2020 Utica, New York. 1 The Report-Recommendation, mailed to Robinson's address at the Otis Bantum Correctional Center, 16-00 Hazen Street, East Elmhurst, NY 11370 was returned undeliverable. The envelope was marked: "Return to Sender - Attempted Not Known - Unable to Forward - Return to Sender." ECF No. 44. -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.
