Barnes v. Fischer et al

Filing 195

ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Randolph F. Treece filed September 22, 2014 (Dkt. No. 185 ) is ACCEPTED in its entirety for the reasons stated therein. ORDERED that Defendants' Partial Motion to Dismiss (Dkt. No. 94 ) is DENIED. Signed by Chief Judge Gary L. Sharpe on 10/15/14. {order served via regular mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------JESSIE J. BARNES
Plaintiff,
-v.Civil Action No.
9:13-cv-164 (GLS/RFT)
BRIAN FISCHER et al.
Defendants.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
JESSIE J. BARNES
Pro Se
09-B-2707
Upstate Correctional Facility
P.O. Box 2001
309 Bare Hill Road
Malone, New York 12953
HON. ERIC T. SCHNEIDERMAN
Attorney General of the
State of New York
The Capitol
Albany, New York 12224

MELISSA A. LATINO, ESQ.
Assistant Attorney General

GARY L. SHARPE,
CHIEF JUDGE

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Randolph F. Treece, duly filed
September 22, 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
Randolph F. Treece filed September 22, 2014 (Dkt. No. 185) is ACCEPTED
in its entirety for the reasons stated therein; and it is further
ORDERED that Defendants’ Partial Motion to Dismiss (Dkt. No. 94) is
DENIED; and it is further
ORDERED that the Clerk provide a copy of this Order upon the
parties in accordance with the local rules.

IT IS SO ORDERED.
Dated:

October 15, 2014
Albany, New York

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