Woodward v. Chautauqua Cnty.

Full title: DAWN WOODWARD, Plaintiff, v. CHAUTAUQUA COUNTY, NEW YORK, and any of its…

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

Date published: Aug 25, 2016

15-CV-246-A (W.D.N.Y. Aug. 25, 2016)

Opinion

15-CV-246-A

08-25-2016

DAWN WOODWARD, Plaintiff, v. CHAUTAUQUA COUNTY, NEW YORK, and any of its agents who may have been involved, CHAUTAUQUA COUNTY SHERIFF'S DEPARTMENT, and any of its agents who may have been involved, JOSEPH A. GERACE, Individually and as Chautauqua County Sheriff, JS HOVER and LT. NELSON, Chautauqua County Sheriff's Deputies, Individually and as Chautauqua County Sheriff's Deputies, NEW YORK STATE POLICE, and any of its agents who may have been involved, JOSEPH A. D'AMICO, Individually and as New York State Police Superintendent, J.B. CRESANTI and DEREK J. RAICHEL and TROOPER DESTRO, New York State Police Troopers, Individually and as New York State Troopers, Defendants.

HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT

DECISION AND ORDER

This action was referred to Magistrate Judge Michael J. Roemer pursuant to 28 U.S.C. § 636(b). On July 5, 2016, Magistrate Judge Roemer filed a Report and Recommendation (Dkt. No. 58), recommending that the defendants' motion to dismiss (Dkt. No. 35) be granted in part and denied in part. Specifically, Magistrate Judge Roemer recommends that the Complaint against the New York State Police be dismissed in its entirety for lack of jurisdiction, and that all claims against defendants D'Amico, Cresanti, Destro and Raichel in their official capacity be dismissed.

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, pursuant to 28 U.S.C. § 636(b)(1), for the reasons set forth in Magistrate Judge Roemer's Report and Recommendation, defendants' motion to dismiss is granted in part and denied in part. The Complaint against the New York State Police is dismissed in its entirety for lack of jurisdiction, and all claims against defendants D'Amico, Cresanti, Destro and Raichel in their official capacities are dismissed. Because the Defendants' Answer does not contest service of process [62], Defendant's motion to dismiss is therefore otherwise denied. It is also

ORDERED that the parties shall abide by the schedule for further proceedings that has been entered by Magistrate Judge Roemer.

IT IS SO ORDERED.

/s/_________

HONORABLE RICHARD J. ARCARA

UNITED STATES DISTRICT COURT Dated: August 25, 2016