Grant v. Davis et al

Filing 20

ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 19 as filed on August 22, 2014. Defendants' motion 10 for partial dismissal of the Complaint is granted to the extent of dismissing plaintiff's official capacity claims, but is otherwise denied. Issued by Hon. Richard J. Arcara on 9/17/14. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JEFFREY GRANT (10-A-3126),
Plaintiff,
DECISION AND
ORDER
11-CV-1012(A)(M)

v.
C.O. S. DAVIS, 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 August 22, 2014, Magistrate
Judge McCarthy filed a Report and Recommendation (Dkt. No. 19), recommending that
the defendants’ motion (Dkt. No. 10) for partial dismissal of plaintiff’s Complaint be
granted in part and denied in part.
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 (Dkt. No. 10) for partial dismissal of the Complaint be granted to the extent of
dismissing plaintiff’s official capacity claims, but otherwise be denied.
The case is referred back to Magistrate Judge McCarthy for further proceedings.

IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: September 17, 2014