Desmarat v. Artus

Full title: JEAN MARC DESMARAT, Plaintiff, v. DALE ARTUS, Superintendent; LINDA…

Court: United States District Court, N.D. New York

Date published: Sep 30, 2009

9:08-CV-977 (N.D.N.Y. Sep. 30, 2009)

Opinion

9:08-CV-977.

September 30, 2009

JEAN MARC DESMARAT, 03-A-6318, Clinton Correctional Facility, Dannemora, NY.

CHRISTOPHER W. HALL, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, New York.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff, Jean Marc Desmarat, brought this civil rights action in September 2008, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 16, 2009, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended defendants' motion (Docket No. 17) be denied, and that defendants be directed to file a response to plaintiff's complaint. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Defendants' motion for summary judgment is DENIED;

2. The Magistrate Judge's recommendation that defendants be directed to file a response to the plaintiff's complaint is moot since an answer has been filed. (Docket No. 35).

IT IS SO ORDERED.