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Flemming v. Wilson

United States District Court, N.D. New York

April 2, 2015

WOODROW FLEMMING, Plaintiff,
v.
GERALDINE WILSON, Nurse, Upstate Correctional Facility, Defendant.

WOODROW FLEMMING, New York, NY, Plainitff, pro se.

HON. ERIC T. SCHNEIDERMAN, Attorney General for the State of New York, ADRIENNE J. KERWIN, ESQ., Ass't Attorney General, Albany, NY. Attorney for Defendant.

DECISION AND ORDER

DAVID N. HURD, District Judge.

Pro se plaintiff Woodrow Flemming brought this action alleging violations of his civil rights pursuant to 42 U.S.C. § 1983. On March 12, 2015, the Honorable Randolph F. Treece, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's amended complaint be dismissed for failure to adequately cure the deficiencies identified in the September 29, 2014, Decision and Order granting plaintiff leave to amend his claim that defendant Wilson purposefully withheld permission for him to use a walking cane. Plaintiff timely filed objections to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).

Therefore, it is

ORDERED that

1. Plaintiff's amended complaint is DISMISSED in its entirety for failure to state a claim and failure to comply with the September 29, 2014, Decision and Order; and

2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules, enter judgment accordingly, and close the file.

IT IS SO ORDERED.


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