Miller v. Washington County Sheriffs Offices et al

Filing 54

DECISION and ORDER: ORDERED that 52 Report and Recommendation is accepted in whole. ORDERED that 29 Motion to Dismiss for Failure to State a Claim is denied and Defendant Michelle Winchelle or her counsel is directed to file an answer to the complaint on or before January 26, 2015. Signed by Judge David N. Hurd on 1/14/15.{order served via regular mail on plaintiff} (nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------SEAN R. MILLER,
Plaintiff,
No. 9:13-CV-1405
(DNH/ATB)
-v-

MICHELLE WINCHELLE, Registered Nurse,
Washington County Jail / Hudson Headwaters
Health Center; and WADE H. RODENMAYER,
RPA-C ECC, Glens Falls Hospital Emergency
Room,

Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

SEAN R. MILLER
Plaintiff Pro Se
26 McDonalds Street
Apt B
Glens Falls, NY 12801
FITZGERALD MORRIS BAKER FIRTH, P.C.
Attorneys for Defendant Winchelle
16 Pearl Street
P.O. Box 2017
Glens Falls, NY 12801

JOHN D. ASPLAND, ESQ.
WILLIAM A. SCOTT, ESQ.

MCPHILLIPS, FITZGERALD & CULLUM, L.L.P.
Attorneys for Defendant Rodenmayer
288 Glen Street
P.O. Box 299
Glens Falls, NY 12801

JAMES E. CULLUM, ESQ.

DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Sean R. Miller brought this civil rights action pursuant to 42 U.S.C.
§ 1983. On December 18, 2014, the Honorable Andrew T. Baxter, United States Magistrate
Judge, advised by Report-Recommendation that defendant Winchelle's motion to dismiss
pursuant to Federal Rule of Civil Procedure 12(b)(6) be denied. No objections to the ReportRecommendation 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 Michelle Winchelle's motion to dismiss is DENIED;
2. Defendant Michelle Winchelle or her counsel is directed to file an answer to the
complaint on or before January 26, 2015; and
3. The Clerk serve a copy of this Decision and Order on plaintiff.
IT IS SO ORDERED.

Dated: January 14, 2015
Utica, New York.

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