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Miller v. Winchelle

United States District Court, N.D. New York

January 14, 2015

SEAN R. MILLER, Plaintiff,
v.
MICHELLE WINCHELLE, Registered Nurse, Washington County Jail/Hudson Headwaters Health Center; and WADE H. RODENMAYER, RPA-C ECC, Glens Falls Hospital Emergency Room, Defendants.

SEAN R. MILLER, Glens Falls, NY, Plaintiff Pro Se.

JOHN D. ASPLAND, ESQ., WILLIAM A. SCOTT, ESQ., Glens Falls, NY, Attorneys for Defendant Winchelle FITZGERALD MORRIS BAKER FIRTH, P.C.

McPHILLIPS, FITZGERALD & CULLUM, L.L.P. JAMES E. CULLUM, ESQ., Glens Falls, NY, Attorneys for Defendant Rodenmayer.

DECISION & ORDER

DAVID N. HURD, District Judge.

Pro se plaintiff Sean R. Miller brought this civil rights action pursuant to 42 U.S.C. § 1983. On December 18, 2014, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendant Winchelle'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

ORDERED that

1. Defendant Michelle Winchelle's motion to dismiss is DENIED;

2. Defendant Michelle Winchelle or her counsel is directed to file an answer to the complaint on or before January 26, 2015; and

3. The Clerk serve a copy of this Decision and Order on plaintiff.

IT IS SO ORDERED.


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