Williams v. Artus et al

Filing 20

DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation 19 . Defendants' motion to dismiss 5 is granted in part and denied in part. The case is recommitted to Magistrate Judge Foschio for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 7/18/16. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

DANIEL WILLIAMS,
Plaintiff,
DECISION AND ORDER
13-CV-680A

v.

DALE ARTUS, Superintendent,
E. MENDEZ, Correctional Sergeant,
THOMAS STICHT, Deputy Superintendent for Security,
EDWARD J. MEYER, Correctional Captain,
D. FERRON, Correctional Guard,
GARROW, Correctional Guard,
BARAN, Correctional Guard,
WINAGLE, Registered Nurse,
W. RIVERA, Mail Room Clerk,
D. POKIGO, Correctional Guard,
H. OBERTEAN, Physician Assistant, and
ALBERT PRACK, Director of Special Housing
Disciplinary Program,

Defendants.

The above-referenced case was referred to Magistrate Judge Leslie G.
Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On May 31, 2016, Magistrate Judge
Foschio filed a Report and Recommendation (Dkt. No. 19), recommending that
defendants’ motion to dismiss (Dkt. No. 5) 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 Foschio’s Report and Recommendation, defendants’

motion to dismiss is granted in part and denied in part.
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: July 18, 2016