West et al v. Goord et al

Filing 63

ORDER denying defendants' motion to dismiss, adopting Report and Recommendation re 62 directing that the U.s Marshal serve the remaining defendants and that defendants shall respond to the Second Amended Complaint. The case is referred back to Magistrate Judge Scott for further proceedings. IT IS SO ORDERED. Signed by Hon. Richard J. Arcara on 4/6/2012. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JAMES M. WEST,
Plaintiff,
ORDER
05-CV-447A

v.
GLENN GOORD, COMMISSIONER OF THE
NEW YORK STATE DEPARTMENT OF
CORRECTIONAL SERVICES, et al.,
Defendants.

The above-referenced case was referred to Magistrate Judge Hugh B.
Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). Defendants filed a motion to strike and
dismiss the Second Amended Complaint with prejudice. On February 15, 2012,
Magistrate Judge Scott filed a Report and Recommendation, recommending that the
motion to dismiss be denied, that the remaining defendants be served, and that the
defendants be directed to answer the complaint.
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 Scott's Report and Recommendation, defendants' motion
to dismiss is denied, the remaining defendants are to be served and the defendants
shall answer the complaint. The U.S. Marshal is directed to serve the remaining
defendants in this case. The defendants are directed to respond to the Second
Amended Complaint.

The case is referred back to Magistrate Judge Scott for further
proceedings.
SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: April 6, 2012