Cortright v. Belloma et al, No. 1:2013cv00865 - Document 82 (W.D.N.Y. 2017)
Court Description: DECISION AND ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 66 . Defendant Snyder's motion to dismiss or for summary judgment 35 is granted. The Clerk of the Court shall take all steps necessary to close this case. A copy of this Decision and Order has been mailed to John Lee Cortright, Jr., 10-B-1288, MARCY CORRECTIONAL FACILITY, Box 3600, Old River Road, Marcy, NY 13403. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/23/17. (LAS)-CLERK TO FOLLOW UP-
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Cortright v. Belloma et al Doc. 82 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK JOHN LEE CORTRIGHT, JR., Plaintiff, DECISION AND ORDER 13-CV-865A v. STEVEN BELLOMA, et al., Defendants. This case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On July 22, 2016, Magistrate Judge Scott filed a Report and Recommendation (Dkt. No. 66), recommending that defendant Snyder’s motion to dismiss or for summary judgment (Dkt. No. 35) be granted. On August 15, 2016 and November 17, 2016, the plaintiff filed objections to the Report and Recommendation. Dkt. Nos. 70 and 79. Defendant Snyder filed a response on December 5, 2016. Dkt. No. 80. Given the complexity of the record in this case, it is difficult to determine whether (or to what extent) the plaintiff responded to the defendant’s motion in proceedings before Judge Scott. The Court therefore assumes for purposes of this Decision and Order that the plaintiff did, in fact, respond to the defendant’s motion in proceedings before Judge Scott, and that the plaintiff has filed proper objections to Judge Scott’s Report and Recommendation. Thus, pursuant to 28 U.S.C. §636(b)(1), this Court must review de novo those portions of Magistrate Judge Scott’s Report and Recommendation to which objections have been made. Upon de novo review, and Dockets.Justia.com after reviewing the submissions from the parties, the Court adopts Magistrate Judge Scott’s recommended conclusions. Accordingly, it is hereby ORDERED, that defendant Snyder’s motion to dismiss or for summary judgment is granted. The Clerk of the Court shall takes all steps necessary to close this case. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: May 23, 2017
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