Opinion
9:11-CV- 379
02-20-2013
DEANDRE WILLIAMS, Plaintiff, v. BRIAN FISHER, CHERYL V. MORRIS, OMEGA B. ALBTON, D. ROCK, M. LIRA, J. HAWK, DON HAUG, KAREN BELLAMY, KENNETH S. PEARLMANN, and ALEC H. FRIEDMANN, Defendants.
DEANDRE WILLIAMS #99-A-0052 Upstate Correctional Facility Plaintiff pro se HON. ERIC T. SCHNEIDERMAN Attorney General of the State of New York Counsel for Defendants KEVIN P. HICKEY, ESQ. Assistant Attorney General
APPEARANCES:
DEANDRE WILLIAMS
#99-A-0052
Upstate Correctional Facility
Plaintiff pro se
HON. ERIC T. SCHNEIDERMAN
Attorney General of the
State of New York
Counsel for Defendants
OF COUNSEL:
KEVIN P. HICKEY, ESQ.
Assistant Attorney General
NORMAN A. MORDUE, U. S. DISTRICT JUDGE
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge Therese Wiley Dancks, duly filed on the 29th day of January 2013. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. Defendants' motion to dismiss (Dkt. No. 36) pursuant to Federal Rule of Civil Procedure 12(b)(6) is denied.
3. Defendants' motion pursuant to 28 U.S.C. § 1915(g) seeking the conditional dismissal of plaintiff's complaint on the grounds that plaintiff has failed to satisfy the imminent harm exception to the three strike rule is denied without prejudice.
4. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED. Dated: February 20, 2013
Syracuse, New York
________________________
Honorable Norman A. Mordue
U.S. District Judge