Velez v. Fischer et al

Filing 50

ORDER denying 34 Motion to Amend or Correct; adopting Report and Recommendation re 44 . Case is referred back to Magistrate Judge McCarthy for further proceedings. Signed by Hon. Richard J. Arcara on 6/21/2011. (JMB)

UNITED STATES DISTRICT COURT
W ESTERN DISTRICT OF NEW YORK

JOHN VELEZ, 83A6764,
Plaintiff,
v.

ORDER
08-CV-806

C.O. HARTKE, C.O. BRUNER, and
SUPERINTENDENT BURGE,
Defendants.

This case was referred to Magistrate Judge Jeremiah J. McCarthy pursuant
to 28 U.S.C. § 636(b)(1). On April 11, 2011, plaintiff filed a motion for leave to
amend. On May 13, 2011, Magistrate Judge McCarthy filed a Report and
Recommendation, recommending that plaintiff's motion be denied.
Plaintiff filed objections to the Report and Recommendation on May 31,
2011 and defendants filed a response thereto on June 10, 2011.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo
determination of those portions of the Report and Recommendation to which
objections have been made. Upon a de novo review of the Report and
Recommendation, and after reviewing the submissions from the parties, the
Court adopts the proposed findings of the Report and Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge McCarthy's
Report and Recommendation, plaintiff's motion is denied.

The case is referred back to Magistrate Judge McCarthy for further
proceedings.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: June 20, 2011

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