UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
May 15, 2009
UNITED STATES OF AMERICA,
NORMAN S. CARAW AY, DEFENDANT.
The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court
This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(A). Defendant filed a motion to dismiss on July 31, 2008. On April 3, 2009, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that the motion to dismiss be denied.
Defendant filed objections to the Report and Recommendation on April 13, 2009 and the government filed a response thereto. Oral argument on the defendant's objections was held on May 12, 2009.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, defendant's motion to dismiss is denied. This case is referred back to Magistrate Judge Schroeder for further proceedings.
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