Amaker v. Fischer et al

Filing 58

ORDER granting in part and denying in part 50 Motion to Dismiss for Lack of Jurisdiction; adopting Report and Recommendation re 57 . Case is referred back to Magistrate Judge Schroeder for further proceeding. Signed by Hon. Richard J. Arcara on 11/19/2013. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

ANTHONY AMAKER,
Plaintiff,
ORDER
10-CV-464A

v.
BRIAN S. FISCHER, et al.,

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 October 21, 2013,
Magistrate Judge Schroeder filed a Report and Recommendation, recommending that
defendants’ third motion to dismiss plaintiff’s pro se complaint be granted in part.
Specifically the Magistrate Judge recommended that defendants Fischer, LeClaire,
Kirkpatrick and Bezio be dismissed from the action and that plaintiff’s amended
complaint be limited to a cause of action for denial of due process during the course of
a disciplinary hearing on May 22, 2010 against defendants Kearney, Croston,
Rynlewicz and Keenan and that Acting Director Prack and ITC Krygier be added as
defendants on the cause of action.
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, defendants
Fischer, LeClaire, Kirkpatrick and Bezio are dismissed from the action and plaintiff’s
amended complaint is limited to a cause of action for denial of due process during the
course of a disciplinary hearing on May 22, 2010 against defendants Kearney, Croston,
Rynlewicz and Keenan and Acting Director Prack and ITC Krygier are added as
defendants on the cause of action
The case is referred back to Magistrate Judge Schroeder for further
proceedings.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: November 19, 2013