Opinion
No. 9:12-CV-960 (DNH/CFH)
03-26-2014
ANDRE R. LEVESQUE, Plaintiff, v. CVPH MEDICAL CENTER, Defendant.
APPEARANCES: ANDRE R. LEVESQUE Plaintiff pro se STAFFORD, OWENS LAW FIRM Attorneys for Defendant OF COUNSEL: JUSTIN R. MEYER, ESQ.
APPEARANCES: ANDRE R. LEVESQUE
Plaintiff pro se
STAFFORD, OWENS LAW FIRM
Attorneys for Defendant
OF COUNSEL: JUSTIN R. MEYER, ESQ. DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Andre R. Levesque brought this action pursuant to Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq. On March 5, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) be denied. 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
1. Defendant's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) is DENIED; and
2. Defendant is directed to answer the amended complaint on or before April 9, 2014.
The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED.
____________
United States District Judge
Dated: March 26, 2014
Utica, New York.