Rosario v. Anson et al

Filing 53

ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Christian F. Hummel filed August 14, 2014 (Dkt. No. 50 ) is ACCEPTED in its entirety for the reasons stated therein. ORDERED that defendants' motion to dismiss (Dkt. No. 47 ) is DENIED. Signed by Chief Judge Gary L. Sharpe on 9/8/14. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------WILFREDO ROSARIO
Plaintiff,
-v.Civil Action No.
9:12-cv-1506 (GLS/CFH)
CAPTAIN ANSON, Summit Shock
Incarceration Facility, JOHN DOE #1,
Facility Nurse, Summit Shock
Incarceration Facility
Defendants.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
WILFREDO ROSARIO
Pro Se
10947 Savannah Wood Court
Orlando, Florida 32832
FOR THE DEFENDANT:
HON. ERIC T. SCHNEIDERMAN
Attorney General for the
State of New York
The Capitol
Albany, New York 12224

COLLEEN D. GALLIGAN, ESQ.

GARY L. SHARPE,
CHIEF JUDGE

ORDER
The above-captioned matter comes to this court following a Report-

Recommendation by Magistrate Judge Christian F. Hummel, duly filed
August 14, 2014. Following fourteen 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
Christian F. Hummel filed August 14, 2014 (Dkt. No. 50) is ACCEPTED in its
entirety for the reasons stated therein; and it is further
ORDERED that defendants’ motion to dismiss (Dkt. No. 47) is
DENIED; and it is further
ORDERED that the Clerk provide a copy of this Order upon the
parties in accordance with the court’s local rules.
IT IS SO ORDERED.
Dated:

September 8, 2014
Albany, New York

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