Minsariya v. Holmes

Full title: SHABUDIN SHABUDIN MANSARIYA (MINSARIYA) Plaintiff, v. M. FRANCES HOLMES…

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

Date published: Mar 10, 2004

02-CV-739 (W.D.N.Y. Mar. 10, 2004)

Opinion

02-CV-739.

March 10, 2004

ORDER

RICHARD ARCARA, District Judge

The above-referenced case was referred to Magistrate Judge Hugh B. Scott pursuant to 28 U.S.C. § 636(b)(1)(B), on December 20, 2002. On September 16, 2003, Magistrate Judge Scott filed a Report and Recommendation, recommending that defendant's motion to dismiss be denied without prejudice.

The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties. 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 Scott's Report and Recommendation, defendant's motion to dismiss is denied without pre judice and the case is referred back to Magistrate Judge Scott for further proceedings.

IT IS SO ORDERED.