Ford v. Martuscello et al

Filing 54

DECISION AND ORDER: ORDERED that 52 Report and Recommendation is accepted in whole. ORDERED that Defendants King, Williams and Cowan's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 31 ) is DENIED. Signed by Judge David N. Hurd on 9/22/16. {order served via regular mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------RAHEEM FORD,
Plaintiff,
-v-

9:14-CV-01566
(DNH/DEP)

DANIEL MARTUSCELLO, JR., CAPTAIN
SHANLEY, ERIC GUTWEIN, C.O. SEAN
KING, D. WILLIAMS, C.O. F. COWAN, C.O.
BELLAWA, LECLAIR,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

RAHEEM FORD
Plaintiff pro se
No. 98-A-3051
Fishkill Correctional Facility
P.O. Box 1245
Beacon, NY 12508
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
The Capital
Albany, NY 12224-0341

RYAN E. MANLEY, ESQ.
Assistant Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Raheem Ford brought this civil rights action pursuant to 42 U.S.C. §
1983. On June 23, 2016, the Honorable David E. Peebles, United States Magistrate Judge,
advised by Report-Recommendation that defendants King, Williams and Cowan’s motion to

dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) be denied. See ECF No. 52. No
objections have been received.
Based upon a de novo review of the Report-Recommendation, the ReportRecommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is ORDERED that:
1. Defendants King, Williams and Cowan’s motion to dismiss pursuant to Federal Rule
of Civil Procedure 12(b)(6) (ECF No. 31) is DENIED; and
2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with
the Local Rules.
IT IS SO ORDERED.

Dated: September 22, 2016
Utica, New York

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