Roland v. Wench

Filing 25

ORDER: ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed June 3, 2010 (Dkt. No. 20 ) is accepted in its entirety for the reasons state therein; ORDERED, that the defendant's motion to dismiss plaintiff's co mplaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. No. 13 ) is denied, without prejudice. Signed by Judge Gary L. Sharpe on 7/16/10. (Attachments: # 1 Magistrate Judge Peebles Report-Recommendation) (order served on plaintiff by regular mail)(mnc)

Roland v. Wenz

Doc. 25

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------THOMAS M. ROLAND, III, Plaintiff, v. Civil Action No. 9:10-cv-89 (GLS/DEP) FRANK WENZ, T.A., Defendant. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: THOMAS M. ROLAND, III Plaintiff, Pro Se 04-B-2754 Wende Correctional Facility P.O. Box 1187 Alden, New York 14004 FOR THE DEFENDANT: HON. ANDREW M. CUOMO Attorney General of the State of New York The Capitol Albany, New York 12224 GARY L. SHARPE, U.S. DISTRICT JUDGE ROGER W. KINSEY, ESQ. Assistant Attorney General OF COUNSEL:

Dockets.Justia.com

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge David E. Peebles, duly filed June 3, 2010. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed June 3, 2010 (Dkt. No. 20) is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the defendant's motion to dismiss plaintiff's complaint pursuant to Rule 12 (b)(6) of the Federal Rules of Civil Procedure (Dkt. No. 13) is DENIED, without prejudice; and it is further ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.

IT IS SO ORDERED. Dated: July 16, 2010 Albany, New York

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