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)

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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. -2-

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