Cicio v. Sigona et al

Filing 32

ORDER that 29 Report and Recommendations is adopted in its entirety. ORDERED denying 9 Motion to Dismiss; denying 15 Motion to Dismiss; denying 22 Motion to Dismiss; denying 28 Motion to Dismiss. Signed by Chief Judge Norman A. Mordue on 3/3/09. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ TERRY CICIO, Plaintiff, v. GRAHAM, PETER M. SIGONA, RICHARD D. RUSTON, III, PHIL J. MANNA, A. VEGA, and RYERSON, Defendants. ________________________________________________ APPEARANCES: TERRY CICIO 01-R-5455 Upstate Correctional Facility P.O. Box 2001 Malone, NY 12953 Plaintiff, Pro Se HON. ANDREW M. CUOMO Office of the Attorney General State of New York Department of Law The Capitol Albany, New York 12224 Attorney for Defendants ADRIENNE J. KERWIN, ESQ. OF COUNSEL: 9:08-CV-534

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NORMAN A. MORDUE, CHIEF U. S. DISTRICT JUDGE ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 10th day of February 2009. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's ReportRecommendation, and no objections submitted thereto, it is ORDERED that: 1. The Report-Recommendation is hereby adopted in its entirety. 2. Defendants' motions to dismiss plaintiff's complaint for failure to state a cause of action upon which relief may be granted (Dkt. Nos. 9, 15, 22 and 28) are denied in their entireties. 3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. IT IS SO ORDERED. Dated: March 3, 2009 Syracuse, New York
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