Brocklen v. Gupta

Full title: RUSSELL VAN BROCKLEN, Plaintiff, v. DR. DHAM GUPTA, Defendant

Court: United States District Court, W.D. New York

Date published: Jan 13, 2011

09-CV-897 (W.D.N.Y. Jan. 13, 2011)

Opinion

09-CV-897.

January 13, 2011

ORDER

RICHARD ARCARA, District Judge

This case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(A). Defendant filed a motion to dismiss the Amended Complaint and plaintiff filed a motion for partial summary judgment. On November 23, 2010, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that both motions 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 filed¹, it is hereby

1 Plaintiff filed objections to the Report and Recommendation on December 9, 2010, however he subsequently filed a motion to withdraw the objections.

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, both plaintiff's and defendant's motions are denied.

This case is referred back to Magistrate Judge McCarthy for further proceedings.

SO ORDERED.

DATED: January 12, 2011