Hamm v. Annucci et al
Filing
33
DECISION and ORDER: ORDERED that 31 Report and Recommendation is accepted in whole. ORDERED that 23 Motion to Dismiss for Failure to State a Claim is DENIED. Defendant is directed to file an answer to the complaint on or before September 11, 2014. Signed by Judge David N. Hurd on 8/28/14. {order served via regular mail on plaintiff}(nas)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------ALAN HAMM,
Plaintiff,
No. 9:13-CV-1302
(DNH/CFH)
-vMR. M. FARNEY, ASAT Counselor,
Gouverneur Correctional Facility,
Defendant.
-------------------------------APPEARANCES:
OF COUNSEL:
ALAN HAMM
Plaintiff Pro Se
05-A-0837
Gouverneur Correctional Facility
Scotch Settlement Road
P.O. Box 480
Gouverneur, NY 13642
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
The Capitol
Albany, NY 12224
RICHARD LOMBARDO, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Alan Hamm brought this action pursuant to 42 U.S.C. § 12131. On
July 29, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised
by Report-Recommendation that defendant's motion to dismiss pursuant to Federal Rule of
Civil Procedure 12(b)(6) be denied. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore, it is
ORDERED that
1. Defendant's motion to dismiss is DENIED;
2. Defendant is directed to file an answer to the complaint on or before September
11, 2014; and
3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in
accordance with the Local Rules.
Dated: August 28, 2014
Utica, New York.
-2-
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