United States District Court, N.D. New York
August 28, 2014
ALAN HAMM, Plaintiff,
MR. M. FARNEY, ASAT Counselor, Gouverneur Correctional Facility, Defendant.
ALAN HAMM Plaintiff Pro Se Gouverneur Correctional Facility Scotch Settlement Road Gouverneur, NY.
HON. ERIC T. SCHNEIDERMAN, Attorney General, for the State of New York RICHARD LOMBARDO, ESQ., Ass't Attorney General, Albany, NY, Attorney for Defendant.
DAVID N. HURD, District Judge.
Pro se plaintiff Alan Hamm brought this action pursuant to 42 U.S.C. § 12131. On July 29, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) be denied. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
1. Defendant's motion to dismiss is DENIED;
2. Defendant is directed to file an answer to the complaint on or before September 11, 2014; and
3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.