Williams v. Artus et al, No. 1:2013cv00680 - Document 20 (W.D.N.Y. 2016)

Court Description: DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation 19 . Defendants' motion to dismiss 5 is granted in part and denied in part. The case is recommitted to Magistrate Judge Foschio for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 7/18/16. (LAS)

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Williams v. Artus et al Doc. 20 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK DANIEL WILLIAMS, Plaintiff, DECISION AND ORDER 13-CV-680A v. DALE ARTUS, Superintendent, E. MENDEZ, Correctional Sergeant, THOMAS STICHT, Deputy Superintendent for Security, EDWARD J. MEYER, Correctional Captain, D. FERRON, Correctional Guard, GARROW, Correctional Guard, BARAN, Correctional Guard, WINAGLE, Registered Nurse, W. RIVERA, Mail Room Clerk, D. POKIGO, Correctional Guard, H. OBERTEAN, Physician Assistant, and ALBERT PRACK, Director of Special Housing Disciplinary Program, Defendants. The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On May 31, 2016, Magistrate Judge Foschio filed a Report and Recommendation (Dkt. No. 19), recommending that defendants’ motion to dismiss (Dkt. No. 5) 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 Foschio’s Report and Recommendation, defendants’ Dockets.Justia.com motion to dismiss is granted in part and denied in part. The case is referred back to Magistrate Judge Foschio for further proceedings. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: July 18, 2016

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