Clark v. Erie County Correctional Fac. et al

Filing 41

AMENDED ORDER adopting report and recommendation and granting defendant Swain's motion to dismiss.. Signed by Hon. Richard J. Arcara on 2/24/2011. (JMB)

Clark v. Erie County Correctional Fac. et al

Doc. 41

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

DONALD CLARK, Plaintiff, AMENDED ORDER 08-CV-637A

v. STEVE SWAIN and LORI LAY, Defendants.

The above-referenced case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On January 25, 2011, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendant Steve Swain's motion to dismiss plaintiff's complaint be granted. 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 Schroeder 's Report and Recommendation, defendant Steve Swain's motion to dismiss plaintiff's complaint is granted. The case is referred back to Magistrate Judge Schroeder for further proceedings as to defendant Lori Lay.

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SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: February 23, 2011