Opinion
9:19-CV-1161
02-04-2021
APPEARANCES: Edward Randolph Plaintiff, Pro Se 12639161 CNY PC PO Box 300 Marcy, NY 13403 HON. LETITIA JAMES New York State Attorney General Attorneys for Defendants The Capitol Albany, NY 12224 DAVID C. WHITE, ESQ. Ass't Attorney General
APPEARANCES: | OF COUNSEL: |
Edward RandolphPlaintiff, Pro Se12639161CNY PCPO Box 300Marcy, NY 13403 | |
HON. LETITIA JAMESNew York State Attorney GeneralAttorneys for DefendantsThe CapitolAlbany, NY 12224 | DAVID C. WHITE, ESQ.Ass't Attorney General |
Pro se plaintiff Edward Randolph ("plaintiff") filed this action alleging that defendants violated his civil rights at Auburn Correctional Facility. On January 19, 2021, U.S. Magistrate Judge Therese Wiley Dancks advised by Report & Recommendation that defendants' motion to dismiss be denied. Dkt. No. 55. Neither party has filed objections. Upon review for clear error, the Report & Recommendation is accepted and adopted in all respects. See FED. R. CIV. P. 72(b).
Therefore, it is
ORDERED that
1. Defendants' motion to dismiss is DENIED.
The Clerk of the Court is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED. Dated: February 4, 2021
Utica, New York.
/s/_________
United States District Judge