Scull v. Hennegan et al, No. 1:2015cv00309 - Document 29 (W.D.N.Y. 2016)

Court Description: DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 20 . Defendant Bartolomei's motion to dismiss the Complaint 4 is granted without prejudice as to plaintiff's Fifth and Sixth Amendment claims against the defendant, but is otherwise denied. The matter is recommitted to Magistrate Judge McCarthy for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 6/16/16. (LAS)

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Scull v. Hennegan et al Doc. 29 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK JOHN T. SCULL, Plaintiff, DECISION AND ORDER 15-CV-309A v. PATRICK K. HENNEGAN, THOMAS G. WEING, BRIAN DEL PORTO, ROGER TREVINO and JOHN P. BARTOLOMEI, Defendants. The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On April 26, 2016, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 20), recommending that defendant Bartolomei’s motion to dismiss the Complaint (Dkt. No. 4) be granted to the extent that it seeks to dismiss plaintiff’s Fifth and Sixth Amendment claims but should otherwise be denied. 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 McCarthy’s Report and Recommendation, defendant Bartolomei’s motion to dismiss the Complaint is granted without prejudice as to plaintiff’s Fifth and Sixth Amendment claims against the defendant, but is otherwise Dockets.Justia.com denied. The case is referred back to Magistrate Judge McCarthy for further proceedings. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: June 16, 2016

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