Scull v. Hennegan et al

Filing 29

DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 20 . Defendant Bartolomei's motion to dismiss the Complaint 4 is granted without prejudice as to plaintiff's Fifth and Sixth Amendment claims against the defendant, but is otherwise denied. The matter is recommitted to Magistrate Judge McCarthy for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 6/16/16. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JOHN T. SCULL,
Plaintiff,
DECISION AND ORDER
15-CV-309A

v.
PATRICK K. HENNEGAN,
THOMAS G. WEING,
BRIAN DEL PORTO,
ROGER TREVINO and
JOHN P. BARTOLOMEI,

Defendants.

The above-referenced case was referred to Magistrate Judge Jeremiah J.
McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On April 26, 2016, Magistrate Judge
McCarthy filed a Report and Recommendation (Dkt. No. 20), recommending that
defendant Bartolomei’s motion to dismiss the Complaint (Dkt. No. 4) be granted to the
extent that it seeks to dismiss plaintiff’s Fifth and Sixth Amendment claims but should
otherwise be denied.
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 McCarthy’s Report and Recommendation, defendant
Bartolomei’s motion to dismiss the Complaint is granted without prejudice as to
plaintiff’s Fifth and Sixth Amendment claims against the defendant, but is otherwise

denied.
The case is referred back to Magistrate Judge McCarthy for further proceedings.

IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: June 16, 2016