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Scull v. Hennegan

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
Jun 16, 2016
15-CV-309A (W.D.N.Y. Jun. 16, 2016)

Opinion

15-CV-309A

06-16-2016

JOHN T. SCULL, Plaintiff, v. PATRICK K. HENNEGAN, THOMAS G. WEING, BRIAN DEL PORTO, ROGER TREVINO and JOHN P. BARTOLOMEI, Defendants.


DECISION AND ORDER

The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On April 26, 2016, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 20), recommending that defendant Bartolomei's motion to dismiss the Complaint (Dkt. No. 4) be granted to the extent that it seeks to dismiss plaintiff's Fifth and Sixth Amendment claims but should otherwise 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 Bartolomei's motion to dismiss the Complaint is granted without prejudice as to plaintiff's Fifth and Sixth Amendment claims against the defendant, but is otherwise denied.

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

IT IS SO ORDERED.

/s/_________

HONORABLE RICHARD J. ARCARA

UNITED STATES DISTRICT COURT Dated: June 16, 2016


Summaries of

Scull v. Hennegan

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
Jun 16, 2016
15-CV-309A (W.D.N.Y. Jun. 16, 2016)
Case details for

Scull v. Hennegan

Case Details

Full title:JOHN T. SCULL, Plaintiff, v. PATRICK K. HENNEGAN, THOMAS G. WEING, BRIAN…

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

Date published: Jun 16, 2016

Citations

15-CV-309A (W.D.N.Y. Jun. 16, 2016)