Frejomil v. Beattie et al
Filing
18
DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 15 Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Therefore it is ORDERED that Defendants' 11 Motion to Dismiss is DENIED without prejudice. Signed by Judge David N. Hurd on 12/22/2011. (ptm) (Copy of order served on plaintiff's last known address by regular mail)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------RICHARD FREJOMIL,
Plaintiff,
-v-
10-CV-1579
KEITH BEATTIE, Corrections Officer, Great
Meadow Correctional Facility; and JAMES
YOLE, Corrections Officer, Great Meadow
Correctional Facility,
Defendants.
-------------------------------APPEARANCES:
OF COUNSEL:
RICHARD FREJOMIL
Plaintiff Pro Se
No. 88-A-6324
Great Meadow Correctional Facility
Box 51
Comstock, NY 12821
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
The Capitol
Albany, NY 12224
ADRIENNE J. KERWIN, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. ยง 1983. On March 3,
2011, defendants moved to dismiss the complaint and the motion was briefed. Plaintiff has
since died. On November 28, 2011, the Honorable David R. Homer, United States
Magistrate Judge, advised, by Report-Recommendation, that defendants' motion to dismiss,
Dkt. No. 11, be denied without prejudice to renew upon the filing or ordering of a substitution
for Frejomil as the plaintiff in this action. No objections to the Report-Recommendation were
filed.
Based upon a careful review of the 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
Defendants' motion to dismiss is DENIED without prejudice.
IT IS SO ORDERED.
Dated: December 22, 2011
Utica, New York.
-2-
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