Karris v. Chappius, 15-CV-599-A. (2018)
Court: District Court, W.D. New York
Number: infdco20180119a11
Visitors: 15
Filed: Jan. 18, 2018
Latest Update: Jan. 18, 2018
Summary: DECISION AND ORDER RICHARD J. ARCARA , District Judge . This case was referred to Magistrate Judge Michael J. Roemer pursuant to 28 U.S.C. 636(b)(1) for the conduct of pretrial proceedings. On April 11, 2017, Magistrate Judge Roemer filed a Report and Recommendation (Dkt. No. 15) recommending that Defendant's motion to dismiss (Dkt. No. 10) be granted. The Court has carefully reviewed the Report and Recommendation, the record in this case, and no objections to the Report and Recommendati
Summary: DECISION AND ORDER RICHARD J. ARCARA , District Judge . This case was referred to Magistrate Judge Michael J. Roemer pursuant to 28 U.S.C. 636(b)(1) for the conduct of pretrial proceedings. On April 11, 2017, Magistrate Judge Roemer filed a Report and Recommendation (Dkt. No. 15) recommending that Defendant's motion to dismiss (Dkt. No. 10) be granted. The Court has carefully reviewed the Report and Recommendation, the record in this case, and no objections to the Report and Recommendatio..
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DECISION AND ORDER
RICHARD J. ARCARA, District Judge.
This case was referred to Magistrate Judge Michael J. Roemer pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On April 11, 2017, Magistrate Judge Roemer filed a Report and Recommendation (Dkt. No. 15) recommending that Defendant's motion to dismiss (Dkt. No. 10) be granted.
The Court has carefully reviewed the Report and Recommendation, the record in this case, and no objections to the Report and Recommendation having been timely filed, it is hereby
ORDERED, pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Roemer's Report and Recommendation, Defendant Burn's motion to dismiss (Dkt. No. 10) is granted, Plaintiff Karris' equal protection, due process, and official capacity claims are dismissed with prejudice, but Plaintiff's Eighth Amendment excessive force claim against the Defendant in his individual capacity proceeds.
The matter is recommitted to Magistrate Judge Roemer for further proceedings.
IT IS SO ORDERED.
Source: Leagle
