Opinion
No. 9:04-CV-1438.
March 3, 2006
Mid-State Correctional Facility, TOUSSAINT DENT, No. 02-A-6252, Marcy, New York, Plaintiff, Pro se.
HON. ELIOT SPITZER, Attorney General for the State of New York, SENTA B. SIUDA, ESQ., Assistant Attorney General. Syracuse, New York.
LEGAL AID SOCIETY, Amicus Curiae, MILTON ZELERMYER, ESQ., Staff Attorney, New York, New York, Attorney for Defendants.
DECISION AND ORDER
The above-captioned matter having been presented to me by the Report-Recommendation of Magistrate Judge David R. Homer filed January 31, 2006, and the Court having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report-Recommendation having been filed, and it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed January 31, 2006 is ACCEPTED in its entirety, for the reasons stated therein; and it is further
ORDERED, that defendants' motion to dismiss will be GRANTED unless plaintiff files an amended complaint on or before March 1, 2006.
The Court notes that plaintiff has in fact filed an amended complaint prior to March 1, 2006.