Mahran v. Strozyk et al

Filing 62

ORDER granting in part and denying in part 50 Motion for Summary Judgment; adopting Report and Recommendation re 61 . Case is referred back to Magistrate Judge McCarthy. Signed by Hon. Richard J. Arcara on 4/30/2012. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

MAHMOUD MAHRAN,
Plaintiff,
ORDER
10-CV-127A

v.
DANIEL E. STROZYK, 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 April 8, 2013, Magistrate Judge
filed a Report and Recommendation, recommending that defendants’ motion for
summary judgment be granted to the extent of dismissing plaintiff’s claim for intentional
infliction of emotional distress, but that it 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, defendants’
motion for summary judgment is granted dismissing plaintiff’s claim for intentional
infliction of emotional distress, but is otherwise 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 30, 2013