Opinion
No. 10-CV-1030
11-19-2013
LEROY DORSEY, Plaintiff, v. FRANK "DOE", Officer, 3-11 P.M. Shift; S. GROOM, Officer, F-1 Company, 7-3, 8-4, Great Meadow Correctional Facility; and SERGEANT C.S. COLLINS, Defendants.
LEROY DORSEY 97-A-3442 Plaintiff Pro se Elmira Correctional Facility HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants OF COUNSEL: KEITH A. MUSE, ESQ. Ass't Attorney General
APPEARANCES: LEROY DORSEY
97-A-3442
Plaintiff Pro se
Elmira Correctional Facility
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
OF COUNSEL: KEITH A. MUSE, ESQ.
Ass't Attorney General
AVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Leroy Dorsey brought this action pursuant to 42 U.S.C. § 1983. On October 9, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge, dvised by Report-Recommendation that defendants' motion to dismiss be denied. No objections to the Report-Recommendation were filed.
On October 24, 2013, defendants prematurely filed an answer to the complaint, prior to any ruling by the undersigned on Magistrate Judge Hummel's Report-Recommendation.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
Defendants' motion to dismiss the complaint is DENIED.
IT IS SO ORDERED.
________________________
United States District Judge
Dated: November 19, 2013
Utica, New York.