United States District Court, W.D. New York
April 16, 2015
ROMERO ANDERSON, 06-A-0077, Plaintiff,
ANDREW S. PEDALTY, S. SGT., ANTHONY SPAHALSKI, Corr/Off, SEAN F. DAVIS, Corr/Off, Defendants.
DECISION AND ORDER
RICHARD J. ARCARA, District Judge.
The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On March 9, 2015, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 10), recommending that defendant Spahalski's motion to dismiss the Complaint (Dkt. No. 7) 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 McCarthy's Report and Recommendation, defendant Spahalski's unopposed motion to dismiss the Complaint is denied
The case is referred back to Magistrate Judge McCarthy for further proceedings.
IT IS SO ORDERED.