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Anthony W. Palmer v. Safetec of America

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


July 20, 2012

ANTHONY W. PALMER, PLAINTIFF,
v.
SAFETEC OF AMERICA, INC., DEFENDANT.

The opinion of the court was delivered by: Honorable Richard J. Arcara United States District Judge

ORDER

The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On May 31, 2012, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion to dismiss be denied as to defendant's argument that the action is time-barred, but granted on the basis that plaintiff has failed to state a claim for which relief can 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 Foschio's Report and Recommendation, defendant's motion is denied as to defendant's argument that the action is time-barred, and granted on the basis that plaintiff has failed to state a claim for which relief can be granted. Plaintiff may file an amended complaint within 30 days of the date of this order. If it fails to do so the Clerk of Court will take all steps necessary to close the case.

SO ORDERED.

Richard J. Arcar a

20120720

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