Scull v. Hennegan et al

Filing 65

DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 64 . Pro se defendant John Bartolomei's motion for summary judgment 51 is granted in part, dismissing plaintiff's state law conspi racy claim against the defendant, but is otherwise denied, without prejudice. The case remains referred to Magistrate Judge McCarthy. A copy of this Decision and Order has been mailed to John T. Scull, 422 10th Street, Niagara Falls, NY 14303. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/31/17. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

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

v.
PATRICK K. HENNEGAN,
ROGER TREVINO and
JOHN P. BARTOLOMEI,
BRIAN DEL PORTO,
NIAGARA FALLS REDEVELOPMENT LLC,
11TH STREET PROPERTIES LLC,
CLARKSVILLE LAND COMPANY LLC,
HOWARD MILSTEIN (Owner NFR),
ANTHONY BERGAMO (President NFR),
CITY OF NIAGARA FALLS NEW YORK,
THOMAS G. EWING,
Defendants.

The above-referenced case was referred to Magistrate Judge Jeremiah J.
McCarthy pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On
May 4, 2017, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No.
64), recommending that pro se defendant John Bartolomei’s motion for summary
judgment (Dkt. No. 51) be granted in part, dismissing plaintiff’s state law conspiracy
claim against him, but otherwise denied, without prejudice.
The Court has carefully reviewed the Report and Recommendation, the record in
this case, 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, pro se defendant John

Bartolomei’s motion for summary judgment is granted in part, dismissing plaintiff’s state
law conspiracy claim against the defendant, but is otherwise denied, without prejudice.
The case is remains referred to Magistrate Judge McCarthy for further proceedings
consistent to the Court’s prior Text Order Referring Case at Dkt. No. 8.

IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: May 31, 2017

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