Salgado v. New York State Dept. of Corr. & Community Supervision et al

Filing 44

DECISION AND ORDER adopting Magistrate Judge Michael J. Roemer's Report and Recommendation 41 . Defendants' partial motions to dismiss are granted in part and denied in part, as set forth in the conclusion of the Report and Recommendation. The case is referred back to Judge Roemer for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 10/27/16. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

ANTONIO SALGADO, JR., No. 09-A-1863,
Plaintiff,
DECISION AND ORDER
13-CV-1108A

v.
NYS DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION, et al.,

Defendants.

The above-referenced case was referred to Magistrate Judge Michael J.
Roemer, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 15, 2016, Magistrate
Judge Roemer filed a Report and Recommendation (Dkt. No. 41), recommending that
defendants’ partial motions to dismiss (Dkt. Nos. 21 and 33) 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 Roemer’s Report and Recommendation, defendants’
partial motions to dismiss are granted in part and denied in part, as set forth in the
conclusion of the Report and Recommendation.
The case is referred back to Magistrate Judge Roemer for further
proceedings.

IT IS SO ORDERED.

__s/Richard J. Arcara______________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: October 27, 2016