Keitt v. John/Jane Doe #4 et al

Filing 117

ORDER denying 101 Motion to Dismiss for Lack of Prosecution; adopting Report and Recommendation re 115 . Case is referred back to Magistrate Judge McCarthy for further proceedings. Signed by Hon. Richard J. Arcara on 12/5/2013. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

DEVIN KEITT, (06A2122),
Plaintiff,
ORDER
11-CV-855A

v.
JOHN/JANE DOE, 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 November 8, 2013, Magistrate
Judge McCarthy filed a Report and Recommendation, recommending that defendants’
motion pursuant to Fed. R. Civ. P. (“Rule”) 41(b) to dismiss the action for failure to
prosecute be denied, without prejudice.
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 pursuant to Fed. R. Civ. P. (“Rule”) 41(b) to dismiss the action for failure to
prosecute 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: December 5, 2013