UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
September 30, 2009
JEAN MARC DESMARAT, PLAINTIFF,
DALE ARTUS, SUPERINTENDENT; LINDA TURNER, DEPUTY SUPERINTENDENT/PROGRAM; MICHAEL R. VINCENT, CORRECTION OFFICER; AND JOHN DOE, APPU INMATE/LAW LIBRARY CLERK, ALL OF CLINTON CORRECTIONAL FACILITY, DEFENDANT.
The opinion of the court was delivered by: David N. Hurd United States District Judge
DECISION and ORDER
Plaintiff, Jean Marc Desmarat, brought this civil rights action in September 2008, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 16, 2009, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended defendants' motion (Docket No. 17) be denied, and that defendants be directed to file a response to plaintiff's complaint. No objections to the Report-Recommendation have been filed.
Based upon a careful review of the entire file and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).
Accordingly, it is ORDERED that
1. Defendants' motion for summary judgment is DENIED;
2. The Magistrate Judge's recommendation that defendants be directed to file a response to the plaintiff's complaint is moot since an answer has been filed. (Docket No. 35).
IT IS SO ORDERED.
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