Canales v. Southport Correctional Facility et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATION denying as moot Defendants' 24 MOTION to Dismiss for Lack of Jurisdiction. The case is referred back to Magistrate Judge Scott for further proceedings consistent with the September 22, 2015 Text Order Referring case issued by United States District Judge Richard J. Arcara. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/25/2016. (Copy of Order mailed to Plaintiff). (CMD)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
________________________________________
LUIS A. CANALES,
Plaintiff,
ORDER
v.
12-CV-693-V
M. SHEAHAN, et al.,
Defendants.
________________________________________

On September 22, 2015, United States District Judge Richard J. Arcara referred
this case to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). See
Docket Item 29. On February 9, 2016, Magistrate Judge Scott filed a Report and
Recommendation, and a Decision and Order (Docket Items 32 and 33), granting the
plaintiff’s cross-motion to amend the complaint and recommending that the defendants’
motion to dismiss be denied as moot. The case was transferred from Judge Arcara to
the undersigned on March 7, 2016. See Docket Item 35.

This Court has reviewed the file, including the Report and Recommendation. No
objections have been timely filed. Therefore, it is hereby

ORDERED that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons explained
in Magistrate Judge Scott’s careful and detailed Report and Recommendation, the
defendants’ motion to dismiss is denied as moot.

The case is referred back to Magistrate Judge Scott for further proceedings
consistent with the September 22, 2015 Text Order Referring Case issued by United
States District Judge Richard J. Arcara.

IT IS SO ORDERED.

s/Lawrence J. Vilardo
LAWRENCE J. VILARDO
UNITED STATES DISTRICT JUDGE

Dated: March 25, 2016

2