Lilly v. Cullen et al

Filing 18

DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation 16 . The action is dismissed as to defendants Campbell and New York State Police, and the Clerk of the Court shall amend the caption accordingly. The S econd, Third and Fifth causes of action are dismissed in their entirety. The only claims remaining are the First and Fourth causes of action as to defendant Cullen. The case is referred back to Magistrate Judge Foschio for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 4/4/17. (LAS)-CLERK TO FOLLOW UP-

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK EDWARD M. LILLY, Plaintiff, DECISION AND ORDER 15-CV-874-A v. DANNY J. CULLEN, BENJAMIN J. CAMPBELL, NEW YORK STATE POLICE, Defendants. This civil action was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1) for pretrial proceedings. On March 14, 2017, Magistrate Judge Foschio filed a Report and Recommendation (Dkt. No. 16) recommending that the Defendants’ motion to dismiss the Complaint (Dkt. No. 2) be granted. The Court has carefully reviewed the Report and Recommendation, the record in the case, and no objections having timely been filed, it is hereby ORDERED, pursuant to 28 U.S.C. § 636(b)(1), for the reasons set forth in Magistrate Judge Foschio’s Report and Recommendation (Dkt. No. 16), the motions of Defendants Campbell and New York State Police, are granted, and it is ORDERED, with the consent of Plaintiff Lilly (Dkt. No. 14, p. 2, the Second, Third, and Fifth causes of action are dismissed in their entirety, so that the only alleged claims remaining are the First and Fourth as against Defendant Cullen; ORDERED, that the Clerk of the Court shall amend the caption by removing former Defendants Campbell and New York State Police, and ORDERED, that the case is recommitted to Magistrate Judge Foschio for further proceedings pursuant to the Court’s earlier referral order. Dkt. No. 3. SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: April 4, 2017 2

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