Reyes v. Beilein et al

Filing 45

ORDER adopting Report and Recommendation re 42 ; denying 28 Motion to Dismiss; denying 30 Motion to Dismiss. Case is referred back to Magistrate Judge McCarthy for further proceedings. Signed by Hon. Richard J. Arcara on 6/4/2009. (JMB)

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK

LAZARO BURGOS REYES, 20603582, Plaintiff, ORDER 07-CV-779A

v. SHERIFF THOMAS BEILEIN, et al., Defendants.

The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). Defendants filed motions to dismiss the case, or in the alternative, precluding plaintiff from offering evidence. On May 8, 2009, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that defendants' motions be denied to the extent they seek to dismiss the complaint and ordered that the motions be denied to the extent they seek to preclude evidence. The Court has carefully reviewed the Report, Recommendation and Order, 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, Recommendation and Order, defendants' motions are denied to the extent they seek to dismiss the complaint and are also denied to the extent they seek to preclude evidence. This case is referred back to Magistrate Judge McCarthy for further proceedings.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA CHIEF JUDGE UNITED STATES DISTRICT COURT DATED: June 4, 2009