White v. Gokey

Filing 102

ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Randolph F. Treece filed June 15, 2015 (Dkt. No. 83 ) is ACCEPTED in its entirety for the reasons stated therein. ORDERED that Defendants' Motion to Dismiss (Dkt. No. 41 ) is GRANTED in its entirety and that Defendant Lordi is terminated from this action. Signed by Judge Gary L. Sharpe on 9/15/15. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------JOHN H. WHITE
Plaintiff,
-v.Civil Action No.
9:14-cv-2 (GLS/RFT)
JOEY DISHAW, C.O. Upstate Correctional Facility;
R. LORDI, R.N., Upstate Correctional Facility
Defendants.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
JOHN H. WHITE
Pro Se
08-A-3366
Upstate Correctional Facility
P.O. Box 2001
Malone, New York 12953
FOR THE DEFENDANT:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
Litigation Bureau
The Capitol
Albany, New York 12224
GARY L. SHARPE,
DISTRICT JUDGE

RYAN E. MANLEY, ESQ.
Assistant Attorney General

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Randolph F. Treece, duly filed June
15, 2015. Following fourteen days from the service thereof, the Clerk has
sent the file, including any and all objections filed by the parties herein.
No objections having been filed1, and the court having reviewed the
Magistrate Judge’s Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation of Magistrate Judge
Randolph F. Treece filed June 15, 2015 (Dkt. No. 83) is ACCEPTED in its
entirety for the reasons stated therein; and it is further
ORDERED that Defendants’ Motion to Dismiss (Dkt. No. 41) is
GRANTED in its entirety and that Defendant Lordi is terminated from this
action; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties in
accordance to the local rules.

1

On August 4, 2015, the court granted plaintiff’s request for an extension of time to file objections
to the Report-Recommendation on or before August 31, 2015. Dkt. No. 96. On September 2, 2015, plaintiff
filed a letter with the court stating his objections to the report-recommendation will be submitted on or
before September 8, 2015. Dkt. No. 101. Despite the passage of the self-imposed deadline, the plaintiff has
failed to file any objections to the pending report-recommendation.

2

IT IS SO ORDERED.
September 15, 2015
Albany, New York

3