UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
February 27, 2006
JOHN COSBY, PLAINTIFF,
SUPERINTENDENT JAMES CONWAY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Chard J. Arcara Chief Judge United States District Court
The above-referenced case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On February 2, 2006, Magistrate Judge Scott filed a Report and Recommendation, recommending that the motion to dismiss the original complaint be denied without prejudice as moot.
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 Scott's Report and Recommendation, the motion to dismiss the original complaint is denied without prejudice as moot.
The case is referred back to Magistrate Judge Scott fur further proceedings.
IT IS SO ORDERED.
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