Morrison v. Napoli et al

Filing 45

ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation as filed on November 5, 2014. Defendants' summary judgment motions 27 and 36 are denied without prejudice. The matter is referred back to Magistrate Judge McCarthy for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 11/26/14. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

DUONE MORRISON (#08-A-2086)
Plaintiff,
ORDER
12-CV-00542(A)(M)

v.
RICK STROMAN, 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 5, 2014, Magistrate
Judge McCarthy filed a Report and Recommendation, recommending that defendants’
motions for summary judgment (Dkt. No. 27 and Dkt. No. 36) 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, the defendants’
motions for summary judgment are denied without prejudice.
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: November 26, 2014