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-
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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