Hartley v. Devlin et al

Filing 64

ORDER: ORDERED that the Report-Recommendation and Order (Dkt. No. 62 ) is ADOPTED in its entirety. ORDERED that defendants' motion to dismiss pursuant to Fed. R. Civ. P. 41(b) (Dkt. No. 58 ) is DENIED without prejudice to renew. Signed by Senior Judge Gary L. Sharpe on 5/3/18. {order served via regular mail and via certified mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
MICHAEL S. HARTLEY
Plaintiff,

9:14-cv-1366
(GLS/CFH)

v.
RICHARD DEVLIN, JR. et al.
Defendants.
APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
MICHAEL S. HARTLEY
Plaintiff, Pro Se
12 Division Street
Apt. 1
Oneonta, New York 13820
HON. ERIC T. SCHNEIDERMAN
Attorney General for the
State of New York
The Capitol
Albany, New York 12224

RYAN W. HICKEY
Assistant Attorney General

Gary L. Sharpe
Senior District Judge

ORDER
The above-captioned matter comes to this court following a ReportRecommendation and Order by Magistrate Judge Christian F. Hummel,
duly filed on April 9, 2018 (Dkt. No. 62.) 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 filed, and the court having reviewed the
Report-Recommendation and Order for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No.
62) is ADOPTED in its entirety; and it is further
ORDERED that defendants’ motion to dismiss pursuant to Fed. R.
Civ. P. 41(b) (Dkt. No. 58) is DENIED without prejudice to renew; and it is
further
ORDERED that the Clerk provide a copy of this Order to the parties
in accordance with the Local Rules.
IT IS SO ORDERED.
May 3, 2018
Albany, New York

2