Cummings v. Clinton County Legislature et al

Filing 11

DECISION AND ORDER: ORDERED that 10 Report and Recommendation is accepted in whole. ORDERED that Plaintiff's complaint is DISMISSED WITH PREJUDICE as to all claims against defendants Clinton County Legislature; Commission of Correction; Cl inton County Jail; and Clinton County Medical Department. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE to plaintiff filing an amended complaint with respect to medical care claims against defendant Favro/and or others as stated in the Report-Recommendation within sixty (60) days of the date of this Decision and Order. Signed by Judge David N. Hurd on 8/26/14. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------ERVIN CUMMINGS,
Plaintiff,
No. 9:14-CV-281
(DNH/ATB)

-vCLINTON COUNTY LEGISLATURE, et al.,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Ervin Cummings brought this civil rights action. On July 22, 2014, the
Honorable Andrew T. Baxter, United States Magistrate Judge, advised by ReportRecommendation that plaintiff's complaint be dismissed pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(i)-(iii). 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. Plaintiff's complaint is DISMISSED WITH PREJUDICE as to all claims against
defendants Clinton County Legislature; Commission of Correction; Clinton County Jail;

and Clinton County Medical Department;
2. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE to plaintiff filing an
amended complaint with respect to medical care claims against defendant Favro/and or
others as stated in the Report-Recommendation within sixty (60) days of the date of this
Decision and Order; and
3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in
accordance with the Local Rules.
IT IS SO ORDERED.

Dated: August 26, 2014
Utica, New York.

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