Ayers v. Esgrow et al

Filing 32

ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation as filed on September 24, 2014. Defendants' motion to dismiss the Second and Third Claims for Relief is granted. Plaintiff shall file an amended Complaint pursuant to the parameters set forth in the Report and Recommendation on or before February 25, 2015. The matter is referred back to Magistrate Judge Foschio for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 12/16/14. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

HOWARD AYERS,
Plaintiff,
ORDER
12-CV-656A(F)

v.
J. ESGROW, Hearing Officer, (CHO),
L. FRIOT, SCC,
D. VENETOZZI, Acting Director (SHU), and
A. PRACK, Director Special Housing Unit,

Defendants.

The above-referenced case was referred to Magistrate Judge Leslie G.
Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 24, 2014, Magistrate
Judge Foschio filed a Report and Recommendation, recommending that defendants’
motion to dismiss (Dkt. No 13) the Second and Third Claims for Relief should be
granted, and that the plaintiff should be permitted to file an amended complaint. On
November 6, 2014, plaintiff filed a notice stating that he sought leave to amend his
complaint but that he did not intend to file objections to the Report and
Recommendation. (Dkt. No. 29)
The Court has carefully reviewed the Report and Recommendation, the
record in this case, and the pleadings and materials submitted by the parties, including
plaintiff’s November 6, 2014 submission, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons
set forth in Magistrate Judge Foschio’s Report and Recommendation, defendants’
motion to dismiss the Second and Third Claims for Relief is granted. Plaintiff is

permitted to file an amended complaint in accordance with the parameters set forth in
the Report and Recommendation. The amended complaint is due on or before
February 26, 2015.
The case is referred back to Magistrate Judge Foschio for further proceedings.

IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: December 16, 2014

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