Woodward v. Chautauqua County, New York et al

Filing 63

DECISION AND ORDER adopting Magistrate Judge Michael J. Roemer's Report and Recommendation 58 . Defendants' motion to dismiss 35 is granted in part and denied in part. The parties shall abide by the schedule for further proceedings as set forth by Magistrate Judge Roemer. SO ORDERED. Signed by Hon. Richard J. Arcara on 8/25/16. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

DAWN WOODWARD,
Plaintiff,
DECISION AND ORDER
15-CV-246-A

v.

CHAUTAUQUA COUNTY, NEW YORK, and any of
its agents who may have been involved,
CHAUTAUQUA COUNTY SHERIFF’S DEPARTMENT,
and any of its agents who may have been involved,
JOSEPH A. GERACE, Individually and as Chautauqua
County Sheriff,
JS HOVER and LT. NELSON, Chautauqua County
Sheriff’s Deputies, Individually and as Chautauqua
County Sheriff’s Deputies,
NEW YORK STATE POLICE, and any of its agents
who may have been involved,
JOSEPH A. D’AMICO, Individually and as New York
State Police Superintendent,
J.B. CRESANTI and DEREK J. RAICHEL and TROOPER
DESTRO, New York State Police Troopers, Individually
and as New York State Troopers,

Defendants.

This action was referred to Magistrate Judge Michael J. Roemer pursuant to 28
U.S.C. § 636(b). On July 5, 2016, Magistrate Judge Roemer filed a Report and
Recommendation (Dkt. No. 58), recommending that the defendants’ motion to dismiss
(Dkt. No. 35) be granted in part and denied in part. Specifically, Magistrate Judge
Roemer recommends that the Complaint against the New York State Police be
dismissed in its entirety for lack of jurisdiction, and that all claims against defendants
D’Amico, Cresanti, Destro and Raichel in their official capacity be dismissed.

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, pursuant to 28 U.S.C. § 636(b)(1), for the reasons set forth in
Magistrate Judge Roemer’s Report and Recommendation, defendants’ motion to
dismiss is granted in part and denied in part. The Complaint against the New York
State Police is dismissed in its entirety for lack of jurisdiction, and all claims against
defendants D’Amico, Cresanti, Destro and Raichel in their official capacities are
dismissed. Because the Defendants’ Answer does not contest service of process [62],
Defendant’s motion to dismiss is therefore otherwise denied. It is also
ORDERED that the parties shall abide by the schedule for further proceedings
that has been entered by Magistrate Judge Roemer.
IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: August 25, 2016