Johnson v. Brown

Filing 21

ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 19 ) of Magistrate Judge David R. Homer filed September 14, 2011 is ACCEPTED in its entirety for the reasons stated therein. ORDERED, that defendant Brown's motion to dismiss the complaint (Dkt. No. 11 ) is DENIED AS MOOT upon the filing of plaintiff's signed second amended complaint. Signed by Judge Gary L. Sharpe on 9/29/11. (Attachments: # 1 Report-Recommendation and Order) (served on plaintiff by regular mail)(alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------MICHAEL JOHNSON, Plaintiff, -v.Civil Action No. 9:11-cv-188 (GLS/DRH) WILLIAM D. BROWN, Supt., Eastern Correctional Facility; CAPTAIN JOHN DOE; SGT. JOHN DOE , Defendants. ------------------------------------------------------------------------------APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: MICHAEL JOHNSON 04-A-4042 Plaintiff, pro se Elmira Correctional Facility P.O. Box 500 Elmira, New York 14902 FOR THE DEFENDANTS: HON. ERIC T. SCHNEIDERMAN New York State Attorney General The Capitol Albany, New York 12224 C. HARRIS DAGUE, ESQ. Assistant Attorney General GARY L. SHARPE, DISTRICT COURT JUDGE ORDER The above-captioned matter comes to this court following a Report- Recommendation by Magistrate Judge David R. Homer, duly filed September 14, 2011. 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 R. Homer filed September 14, 2011 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED that defendant Brown’s motion to dismiss the complaint (Dkt. No. 11) is DENIED AS MOOT upon the filing of plaintiff’s signed second amended complaint and it is further ORDERED, that the Clerk of the Court is directed to serve a copy of this order upon the parties in accordance with the Local Rules. IT IS SO ORDERED Dated: September 29, 2011 Albany, New York 2

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