United States District Court, N.D. New York
June 4, 2014
JASON BALKUM, Plaintiff,
JOSE GONZALEZ, et al. Defendants.
JASON BALKUM, Pro Se Rochester, New York, for the Plaintiff.
ERIC T. SCHNEIDERMAN Attorney General of the State of New York, RICHARD LOMBARDO, ESQ., Assistant Attorney General, Albany, New York, for the Defendants.
GARY L. SHARPE, Chief Judge.
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Therese Wiley Dancks, duly filed April 21, 2014. Following fourteen 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 Therese Wiley Dancks filed April 21, 2014 (Dkt. No. 64) is ACCEPTED in its entirety for the reasons stated therein; and it is further
ORDERED that the Defendants' motion to dismiss (Dkt. No. 61) is DENIED without prejudice; and it is further
ORDERED that the Plaintiff is to participate in another deposition and to comply with paragraph I(A)(1) of the Mandatory Pretrial Discovery and Scheduling Order; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties in accordance to the local rules.
IT IS SO ORDERED.