Opinion
9:15-CV-0578 (DNH/CFH)
09-22-2016
KENNETH McMASTER, Plaintiff, v. L.W. LABARGE, S.D. LAMARE, E. SMITH, K. ELLSWORTH, J.G. TATRO, M.C. TOMPKINS, C.S. ROWE, Defendants.
APPEARANCES: KENNETH McMASTER Plaintiff, Pro Se 08-B-1832 Upstate Correctional Facility P.O. Box 2001 Malone, NY 12953 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorneys for Defendant James Thomsen The Capitol Albany, NY 12224 OF COUNSEL: RACHEL MAMAN KISH, ESQ. Ass't Attorney General
APPEARANCES: KENNETH McMASTER
Plaintiff, Pro Se
08-B-1832
Upstate Correctional Facility
P.O. Box 2001
Malone, NY 12953 HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorneys for Defendant James Thomsen
The Capitol
Albany, NY 12224 OF COUNSEL: RACHEL MAMAN KISH, ESQ.
Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Kenneth McMaster brought this civil rights action pursuant to 42 U.S.C. § 1983. On June 30, 2016, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) be denied. See ECF No. 43. Defendants have filed timely objections. See ECF No. 44. Plaintiff has filed a response to such objections. See ECF No. 45.
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. Defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 27) is DENIED; and
2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: September 22, 2016
Utica, New York