Cicio v. Graham

Full title: TERRY CICIO, Plaintiff, v. GRAHAM, PETER M. SIGONA, RICHARD D. RUSTON…

Court: United States District Court, N.D. New York

Date published: Mar 3, 2009

9:08-CV-534 (N.D.N.Y. Mar. 3, 2009)

Opinion

9:08-CV-534.

March 3, 2009

TERRY CICIO, 01-R-5455, Upstate Correctional Facility, Malone, NY, Plaintiff, Pro Se.

ADRIENNE J. KERWIN, ESQ., HON. ANDREW M. CUOMO, Office of the Attorney General, State of New York, Department of Law, The Capitol, Albany, New York, Attorney for Defendants.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 10^th day of February 2009. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. Defendants' motions to dismiss plaintiff's complaint for failure to state a cause of action upon which relief may be granted (Dkt. Nos. 9, 15, 22 and 28) are denied in their entireties.

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.