Mills v. Poole

Full title: RICHARD MILLS, Plaintiff, v. SUPERINTENDENT T. POOLE, et al., Defendants

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

Date published: Nov 26, 2007

07-CV-351A (W.D.N.Y. Nov. 26, 2007)

Opinion

07-CV-351A.

November 26, 2007

ORDER

RICHARD 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 November 5, 2007, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that defendants' motion to dismiss plaintiff's amended complaint 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, defendants' motion to dismiss plaintiff's amended complaint is denied.

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

SO ORDERED.