Opinion
Civil Action No. 9:10-cv-1029 (GLS/TWD)
04-02-2012
JOHNNY DOWNS Plaintiff, v. DR. GILANI, MS. THOMAS, DR. LEE Defendants.
FOR THE PLAINTIFF: JOHNNY DOWNS Plaintiff, pro se HON. ERIC T. SCHNEIDERMAN Attorney General for the OF COUNSEL: RICHARD LOMBARDO, ESQ.
APPEARANCES:
FOR THE PLAINTIFF:
JOHNNY DOWNS
Plaintiff, pro se
FOR THE DEFENDANTS:
HON. ERIC T. SCHNEIDERMAN
Attorney General for the
OF COUNSEL:
RICHARD LOMBARDO, ESQ.
GARY L. SHARPE,
CHIEF JUDGE
ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Therese Wiley Dancks, duly filed March 8, 2012. Following ten 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 Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge Therese Wiley Dancks filed March 8, 2012 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED that Defendants' motion to dismiss (Dkt. No. 31) is DENIED, and it is further
ORDERED, that the Clerk of the Court is to serve a copy of this order upon the parties in accordance with the court's local rules. IT IS SO ORDERED Dated: April 2, 2012
Albany, New York
______________
Gary L. Sharpe
Chief Judge
U.S. District Judge