Rounds v. Thompson et al

Filing 35

ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Therese W. Dancks filed May 28, 2013 is ACCEPTED in its entirety for the reasons state therein; and it is further ORDERED, that Defendant Fischer's Rule 12(c) motion for judgment on the pleadings (Dkt. No. 25 ) be GRANTED; and it is further ORDERED, that Plaintiff's Complaint be dismissed as against Defendant Fisher with leave to amend within thirty (30) days of this Order; and it is further ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties in accordance with the court's local rules. Signed by Chief Judge Gary L. Sharpe on 6/20/2013. (Attachments: # 1 Order and Report-Recommendation) (ptm) (Copy served on plaintiff by regular mail with attached copy of 5/28/2013 Order and Report-Recommendation)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------WILLIAM ROUNDS
Plaintiff,
-v.Civil Action No.
9:12-cv-953 (GLS/TWD)
C.O. THOMPSON, CORRECTION
OFFICER; BRIAN FISCHER,
COMMISSIONER, NYS DEPARTMENT
OF CORRECTION AND COMMUNITY
SERVICE
Defendants.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
WILLIAM ROUNDS
Plaintiff Pro Se
8 Pine Ridge Circle
North Syracuse, New York 13212
FOR DEFENDANT FISCHER:
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of
New York
The Capitol
Albany, New York 12223

KEVIN P. HICKEY, ESQ.

FOR DEFENDANT THOMPSON:
Sheehan, Greene Law Firm
54 State Street, Suite 1001
Albany, New York 12207

LAWRENCE H. SCHAEFER, ESQ.
THOMAS D. LATIN, ESQ.

GARY L. SHARPE,
CHIEF JUDGE

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Therese W. Dancks, duly filed May
28, 2013. 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
Therese W. Dancks filed May 28, 2013 is ACCEPTED in its entirety for the
reasons state therein; and it is further
ORDERED, that Defendant Fischer’s Rule 12(c) motion for judgment
on the pleadings (Dkt. No. 25) be GRANTED; and it is further
ORDERED, that Plaintiff’s Complaint be dismissed as against
Defendant Fisher with leave to amend within thirty (30) days of this Order;
and it is further
ORDERED, that the Clerk of the Court is to mail copies of the Order to
the parties in accordance with the court’s local rules.

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IT IS SO ORDERED.
Dated:

June 20, 2013
Albany, New York

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