Robinson v. Ballard et al

Filing 41

DECISION AND ORDER: ORDERED that 38 Report and Recommendation is adopted. ORDERED that 27 Motion to Dismiss is denied. Signed by Senior Judge Thomas J. McAvoy on 3/27/15.{order served via regular mail on plaintiff} (nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
RENDELL ROBINSON,
Plaintiff,
9:13-CV-1213
(TJM/TWD)

v.
LORENZO A. BALLARD, TIMOTHY
HOLMES, MICHAEL J. WOJTANOWSKI,
STEPHEN J. STRASSBERGER, JOSEPH
BELLNIER, JOHN DOE HARPER, JOHN
DOE CORY, BRIAN HILTON, JOHN
DOE KALIES, ERIC ONYAN, ARDUINO
A. CACCIOTTI, JR., JOHN DOE
MCARDLE,
Defendants.
________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
I.

INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon.

Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and
Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections
to Magistrate Judge Dancks’ March 9, 2015 Order and Report-Recommendation [dkt. #
38] have been filed, and the time to do so has expired.
II.

DISCUSSION
After examining the record, this Court has determined that the Order and Report-

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Recommendation is not subject to attack for plain error or manifest injustice.
III.

CONCLUSION
Accordingly, the Court ADOPTS the Order and Report-Recommendation [dkt. # 38]

for the reasons stated therein. Therefore, it is hereby
ORDERED that Defendants’ motion to dismiss for failure to state a claim (Dkt.
No. 27) is DENIED.
IT IS SO ORDERED.
Dated:March 27, 2015

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