Dominique Castile v. Niagara County; Sheriff Michael J. Filicetti, in his Official and Individual Capacity as Sheriff of Niagara County; Primecare Medical of New York, Inc.; Primecare Medical, Inc.; Leanne Giaccotto, R.N.; Lindsay Getz, R.N.; Rene Marriott, R.N.; Umbrine Fatima, M.D.; and John Doe 1 through 5

Summary

The United States District Court for the Western District of New York adopted a magistrate judge’s Report and Recommendation concerning removal, remand, and dismissal of claims arising from medical treatment at the Niagara County Jail. The court denied the plaintiff’s motion to remand and denied the defendants’ motion to dismiss without prejudice to renewal.

Holdings

1. When neither party objects to a magistrate judge's Report and Recommendation, 28 U.S.C. § 636 and Federal Rule of Civil Procedure 72 do not require the district court to review the recommendation.
2. The motion to remand is denied.
3. The motion to dismiss is denied without prejudice to renewal.

Questions Presented

1. Whether the district court should remand the removed action to New York state court.
2. Whether the district court should dismiss Plaintiff's complaint for failure to state a claim.
3. What level of review applies to a magistrate judge's Report and Recommendation when neither party files objections.

Disposition

other