Watson v. Moscicki et al

Filing 258

ORDER granting in part and denying in part 239 Motion for Summary Judgment; adopting Report and Recommendatio re 257 . Case is referred back to Magistrate Judge for further proceedings. Signed by Hon. Richard J. Arcara on 4/26/2013. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

CHARLES WATSON,
Plaintiff,
ORDER
08-CV-960A

v.
M.D. LESTER N. WRIGHT, 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). On March 26, 2013, Magistrate Judge
McCarthy filed a Report and Recommendation, recommending that plaintiff’s first cause
of action be dismissed to the extent it arises from plaintiff’s pruritus; that his second
cause of action be dismissed against defendants Moscicki, Steeg, Wright, Bellamy; and
that his third and fourth causes of action be dismissed in their entirety, but that
defendants’ motion 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, plaintiff’s first
cause of action is dismissed to the extent it arises from plaintiff’s pruritus; that his
second cause of action is dismissed against defendants Moscicki, Steeg, Wright,
Bellamy; and his third and fourth causes of action are dismissed in their entirety.

Defendants’ motion otherwise 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: April 26, 2013