Resto-Otero v. Doe et al

Filing 27

ORDER: ORDERED that the Report and Recommendation (Dkt. No. 26 ) is ADOPTED in its entirety. ORDERED that defendant's motion to dismiss (Dkt. No. 21 ) is DENIED. Signed by Senior Judge Gary L. Sharpe on 11/5/18. {order served via regular mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
MICHAEL RESTO-OTERO,
Plaintiff,

9:17-cv-1115
(GLS/DEP)

v.
IMAM MOHAMMAD,
Defendant.
APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF
MICHAEL RESTO-OTERO
Plaintiff Pro Se
10-B-1849
Auburn Correctional Facility
P.O. Box 618
Auburn, NY 13021
FOR DEFENDANTS:
HON. BARBARA D. UNDERWOOD
New York Attorney General
The Capitol
Albany, NY 12224

DAVID A. ROSENBERG
Assistant Attorney General

Gary L. Sharpe
Senior District Judge

ORDER
The above-captioned matter comes to this court following a Report
and Recommendation by Magistrate Judge David E. Peebles duly filed on
October 3, 2018. (Dkt. No. 26.) 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 and Recommendation for clear error, it is hereby
ORDERED that the Report and Recommendation (Dkt. No. 26) is
ADOPTED in its entirety; and it is further
ORDERED that defendant’s motion to dismiss (Dkt. No. 21) is
DENIED; 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.
November 5, 2018
Albany, New York

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