Opinion
9:14-CV-01566 (DNH/DEP)
09-22-2016
RAHEEM FORD, Plaintiff, v. DANIEL MARTUSCELLO, JR., CAPTAIN SHANLEY, ERIC GUTWEIN, C.O. SEAN KING, D. WILLIAMS, C.O. F. COWAN, C.O. BELLAWA, LECLAIR, Defendants.
APPEARANCES: RAHEEM FORD Plaintiff pro se No. 98-A-3051 Fishkill Correctional Facility P.O. Box 1245 Beacon, NY 12508 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York The Capital Albany, NY 12224-0341 OF COUNSEL: RYAN E. MANLEY, ESQ. Assistant Attorney General
APPEARANCES: RAHEEM FORD
Plaintiff pro se
No. 98-A-3051
Fishkill Correctional Facility
P.O. Box 1245
Beacon, NY 12508 HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
The Capital
Albany, NY 12224-0341 OF COUNSEL: RYAN E. MANLEY, ESQ.
Assistant Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Raheem Ford brought this civil rights action pursuant to 42 U.S.C. § 1983. On June 23, 2016, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that defendants King, Williams and Cowan's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) be denied. See ECF No. 52. No objections have been received.
Based upon a de novo review of the Report-Recommendation, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is ORDERED that:
1. Defendants King, Williams and Cowan's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 31) 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