VanBrocklen v. Gupta

Filing 58

ORDER denying 47 Motion for Summary Judgment; adopting Report and Recommendations re 49 Report and Recommendations. Case is referred back to Magistrate Judge McCarthy for further proceedings. Signed by Hon. Richard J. Arcara on 4/13/2010. (JMB)

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK

RUSSELL VANBROCKLEN, Plaintiff, ORDER 09-CV-897A

v. DR. DHAM GUPTA, Defendant.

The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On March 24, 2010, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that plaintiff's motion for summary judgment 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 motion for summary judgment 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 13, 2010