UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
September 29, 2011
MICHAEL JOHNSON, PLAINTIFF,
WILLIAM D. BROWN, SUPT., EASTERN CORRECTIONAL FACILITY; CAPTAIN JOHN DOE; SGT. JOHN DOE , DEFENDANTS.
The opinion of the court was delivered by: Gary L. Sharpe, District Court Judge
The above-captioned matter comes to this court following a Report- Recommendation by Magistrate Judge David R. Homer, duly filed September 14, 2011. Following ten 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 David R. Homer filed September 14, 2011 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED that defendant Brown's motion to dismiss the complaint (Dkt. No. 11) is DENIED AS MOOT upon the filing of plaintiff's signed second amended complaint and it is further
ORDERED, that the Clerk of the Court is directed to serve a copy of this order upon the parties in accordance with the Local Rules.
IT IS SO ORDERED
Albany, New York
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