Opinion
Civil Action No. 9:13-cv-164 (GLS/RFT)
10-15-2014
JESSIE J. BARNES Plaintiff, v. BRIAN FISCHER et al. Defendants.
APPEARANCES: FOR THE PLAINTIFF: JESSIE J. BARNES Pro Se 09-B-2707 Upstate Correctional Facility P.O. Box 2001 309 Bare Hill Road Malone, New York 12953 HON. ERIC T. SCHNEIDERMAN Attorney General of the State of New York The Capitol Albany, New York 12224 OF COUNSEL: MELISSA A. LATINO, ESQ. Assistant Attorney General
APPEARANCES:
FOR THE PLAINTIFF:
JESSIE J. BARNES
Pro Se
09-B-2707
Upstate Correctional Facility
P.O. Box 2001
309 Bare Hill Road
Malone, New York 12953
HON. ERIC T. SCHNEIDERMAN
Attorney General of the
State of New York
The Capitol
Albany, New York 12224
OF COUNSEL: MELISSA A. LATINO, ESQ.
Assistant Attorney General
GARY L. SHARPE,
CHIEF JUDGE
ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Randolph F. Treece, duly filed September 22, 2014. Following fourteen 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 Randolph F. Treece filed September 22, 2014 (Dkt. No. 185) is ACCEPTED in its entirety for the reasons stated therein; and it is further
ORDERED that Defendants' Partial Motion to Dismiss (Dkt. No. 94) is DENIED; and it is further
ORDERED that the Clerk provide a copy of this Order upon the parties in accordance with the local rules. IT IS SO ORDERED. Dated: October 15, 2014
Albany, New York
/s/_________
GARY L. SHARPE,
CHIEF JUDGE
U.S. District Court