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Michael Johnson v. William D. Brown

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 29, 2011

MICHAEL JOHNSON, PLAINTIFF,
v.
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

ORDER

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

20110929

© 1992-2011 VersusLaw Inc.



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