UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
November 3, 2009
BILLY J. HOWARD, PLAINTIFF,
UNITED STATES OF AMERICA, U.S. DEPARTMENT OF DEFENSE AND GREGORY M. KEMP, DEFENDANTS.
The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court
The above-referenced case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b). On October 14, 2009, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendants' motion to substitute the United States as the property party defendant in place of Gregory M. Kemp and the U.S. Department of Defense be granted.
The Court 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 Schroeder's Report and Recommendation, defendants' motion to substitute the United States of America as the property party defendant in place of Gregory M. Kemp and the U.S. Department of Defense is granted.
The case is referred back to Magistrate Judge Schroeder for further proceedings.
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