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, )

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