James v. Morgan et al
Filing
20
DECISION and ORDER: Pro se plaintiff Rodney Keith James brought this action pursuant to 42 U.S.C. § 1983. On July 9, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendants 39; motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) be denied. Defendants timely filed objections to the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommenda tion to which defendants objected, the 17 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) is DENIED; 2. Defendants are directed to respond to the complaint in the manner provided for by the Federal Rules of Civil Procedure; and 3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. Signed by Judge David N. Hurd on 8/5/2014. (ptm) (Copy served on plaintiff by regular mail)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------RODNEY KEITH JAMES,
9:13-CV-526
(DNH/CFH)
Plaintiff,
-v-
DR. RICHARD KASKIW, Medical Specialist,
Marcy Psy. Center Facility; CANDICE WILBER,
Nurse Practitioner, Marcy Psy. Center Facility;
and MS. ELIZABETH FARNUM, Psychiatrist,
Marcy Psy. Center Facility,
Defendants.
-------------------------------APPEARANCES:
OF COUNSEL:
RODNEY KEITH JAMES
Plaintiff Pro Se
C-46388
CNY PC
Post Office Box 300
Marcy, NY 13403
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
Attorney for Defendants
615 Erie Boulevard West, Suite 102
Syracuse, NY 13204
TIMOTHY P. MULVEY, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Rodney Keith James brought this action pursuant to 42 U.S.C.
§ 1983. On July 9, 2014, the Honorable Christian F. Hummel, United States Magistrate
Judge, advised by Report-Recommendation that defendants' motion to dismiss for failure to
state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) be denied. Defendants
timely filed objections to the Report-Recommendation.
Based upon a de novo review of the portions of the Report-Recommendation to
which defendants objected, the Report-Recommendation is accepted and adopted in all
respects. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion to dismiss for failure to state a claim pursuant to Federal
Rule of Civil Procedure 12(b)(6) is DENIED;
2. Defendants are directed to respond to the complaint in the manner provided for
by the Federal Rules of Civil Procedure; and
3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in
accordance with the Local Rules.
IT IS SO ORDERED.
Dated: August 5, 2014
Utica, New York.
-2-
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