Miller v. Washington County Sheriffs Offices et al

Filing 59

DECISION AND ORDER: ORDERED that 57 Report and Recommendation is accepted in whole. ORDERED that 10 Motion for Summary Judgment is granted and defendant Wade H. Rodenmayer is DISMISSED from this action. Signed by Judge David N. Hurd on 2/26/15. {order served via regular mail and certified mail/return receipt requested 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; WADE H. RODENMAYER, RPA-C
ECC, Glens Falls Hospital Emergency Room;
and GLENS FALLS HOSPITAL,

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 Defendants Rodenmayer and
Glens Falls Hospital
288 Glen Street
P.O. Box 299
Glens Falls, NY 12801

JAMES E. CULLUM, ESQ.
COURTNEY M. HASKINS, 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 January 27, 2015, the Honorable Andrew T. Baxter, United States Magistrate
Judge, advised by Report-Recommendation that defendant Rodenmayer's converted motion
for summary judgment be granted and that plaintiff's claims against him be dismissed. 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 Wade H. Rodenmayer's converted motion for summary judgment is
GRANTED;
2. Defendant Wade H. Rodenmayer is DISMISSED from this action; and
3. The Clerk serve a copy of this Decision and Order on plaintiff.
IT IS SO ORDERED.

Dated: February 26, 2015
Utica, New York.

-2-