Opinion
10-CV-1579
12-22-2011
RICHARD FREJOMIL, Plaintiff, v. KEITH BEATTIE, Corrections Officer, Great Meadow Correctional Facility; and JAMES YOLE, Corrections Officer, Great Meadow Correctional Facility, Defendants.
RICHARD FREJOMIL Plaintiff Pro Se OF COUNSEL: HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant ADRIENNE J. KERWIN, ESQ. Ass't Attorney General
APPEARANCES:
RICHARD FREJOMIL
Plaintiff Pro Se
OF COUNSEL:
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
ADRIENNE J. KERWIN, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On March 3, 2011, defendants moved to dismiss the complaint and the motion was briefed. Plaintiff has since died. On November 28, 2011, the Honorable David R. Homer, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion to dismiss, Dkt. No. 11, be denied without prejudice to renew upon the filing or ordering of a substitution for Frejomil as the plaintiff in this action. No objections to the Report-Recommendation were filed.
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 is DENIED without prejudice.
IT IS SO ORDERED.
_____________
United States District Judge
Dated: December 22, 2011
Utica, New York.