Morrow v. Bauersfeld et al, No. 9:2019cv01628 - Document 28 (N.D.N.Y 2020)
Court Description: DECISION AND ORDER: The Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that Defendant's motion to dismiss is DENIED; and Defendant is directed to file an answer to the Second Amended Complaint within twenty (20) days of the date of this Decision and Order. Signed by Judge David N. Hurd on 9/2/2020. (Copy served via regular mail)(meb)
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Morrow v. Bauersfeld et al Doc. 28 Case 9:19-cv-01628-DNH-ATB Document 28 Filed 09/02/20 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------NEB MORROW, III, Plaintiff, -v- 9:19-CV-1628 (DNH/ATB) BAUERSFELD, Commissioner's Hearing Officer (CHO), Auburn Correctional Facility, Defendant. -------------------------------APPEARANCES: OF COUNSEL: NEB MORROW, III Plaintiff pro se 10-A-6112 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 LAUREN ROSE EVERSLEY, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Neb Morrow, III brought this civil rights action pursuant to 42 U.S.C. § 1983. On August 11, 2020, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion to dismiss be denied. No objections to the Report-Recommendation were filed. Dockets.Justia.com Case 9:19-cv-01628-DNH-ATB Document 28 Filed 09/02/20 Page 2 of 2 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's motion to dismiss is DENIED; and 2. Defendant is directed to file an answer to the Second Amended Complaint within twenty (20) days of the date of this Decision and Order. IT IS SO ORDERED. Dated: September 2, 2020 Utica, New York. -2-
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