August 2, 2013
JOSE RIVERA, Plaintiff,
MR. BRIAN FISHER, Commissioner of the New York State Department of Correctional Facility (DOCS) MR. RICHARD ROY, Commissioner/Inspector General of the New York State Department of Correctional Services (DOCS, I.G.), MR. JAMES CONWAY, Superintendent, Attica Correctional Facility, LIEUTENANT (LT.) J. GILMORE, Watch Commander of Attica Correctional Facility on January 11, 2007, SERGEANT (SGT.) MR. THOMAS C. HAPPELL, Correctional Supervisor of Attica Correctional Facility, C-Block Yard, on January 11, 2007, and CORRECTION OFFICER (CO) MR. DAVID SPOYER, Attica Correctional Facility C-3 yard entrance on January 11, 2007. Defendant.
RICHARD J. ARCARA, District Judge.
The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On July 11, 2013, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendants' motion to dismiss be denied.
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, defendants' motion to dismiss is denied.
The case is referred back to Magistrate Judge Foschio for further proceedings.