Salgado v. New York State Dept. of Corr. & Community Supervision et al, No. 1:2013cv01108 - Document 44 (W.D.N.Y. 2016)
Court Description: DECISION AND ORDER adopting Magistrate Judge Michael J. Roemer's Report and Recommendation 41 . Defendants' partial motions to dismiss are granted in part and denied in part, as set forth in the conclusion of the Report and Recommendation. The case is referred back to Judge Roemer for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 10/27/16. (LAS)
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Salgado v. New York State Dept. of Corr. & Community Supervision et al Doc. 44 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ANTONIO SALGADO, JR., No. 09-A-1863, Plaintiff, DECISION AND ORDER 13-CV-1108A v. NYS DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, et al., Defendants. The above-referenced case was referred to Magistrate Judge Michael J. Roemer, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 15, 2016, Magistrate Judge Roemer filed a Report and Recommendation (Dkt. No. 41), recommending that defendants’ partial motions to dismiss (Dkt. Nos. 21 and 33) be granted in part and denied in part. The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Roemer’s Report and Recommendation, defendants’ partial motions to dismiss are granted in part and denied in part, as set forth in the conclusion of the Report and Recommendation. The case is referred back to Magistrate Judge Roemer for further proceedings. Dockets.Justia.com IT IS SO ORDERED. __s/Richard J. Arcara______________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: October 27, 2016
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