Miller v. New York State Police et al, No. 1:2014cv00393 - Document 114 (W.D.N.Y. 2020)

Court Description: DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's 95 Report and Recommendation. Defendants' 74 76 summary judgment motions are granted, and the Clerk of the Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 11/3/2020. (LAS)-CLERK TO FOLLOW UP-

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Miller v. New York State Police et al Doc. 114 Case 1:14-cv-00393-RJA-LGF Document 114 Filed 11/03/20 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK LETHONIA MILLER, Plaintiff, DECISION AND ORDER 14-CV-393-A v. NEW YORK STATE POLICE, et al., Defendants. This case involving claims of race discrimination in employment and retaliation was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. Discovery was completed and on August 22, 2019, Magistrate Judge Foschio filed a Report and Recommendation (Dkt. No. 95) recommending that the motions of defendants New York State Police, Francis P. Christensen, and Kevin Kendall for summary judgment pursuant to Fed. R. Civ. P. 56(c) (Dkt. Nos. 74, 76) be granted. The Magistrate Judge determined that no trial is necessary to conclude that plaintiff Miller is unable to prove any of his claims. Plaintiff Miller filed objections to the Report and Recommendation (Dkt. Nos. 98, 103, 104, and 106) and the defendants responded (Dkt. Nos. 101, 102, 107 and 108). The Court heard oral argument on August 14, 2020. The Court presumes the parties’ familiarity with the evidentiary record and the legal issues before the Court. Upon de novo review of the objections of plaintiff Dockets.Justia.com Case 1:14-cv-00393-RJA-LGF Document 114 Filed 11/03/20 Page 2 of 2 Miller, the Court finds that, when plaintiff’s objections are assessed in a light most favorable to plaintiff, and in light of the relevant evidence in admissible form, no genuine issues of material fact exist with respect to plaintiff 's claims. The Court therefore adopts the Report and Recommendation (Dkt. No. 95) and grants the motions of defendants New York State Police, Francis P. Christensen, and Kevin Kendall for summary judgment pursuant to Fed. R. Civ. P. 56(c) (Dkt. Nos. 74, 76), for the reasons stated in the Report and Recommendation. The Clerk shall enter Judgment for defendants New York State Police, Francis P. Christensen, and Kevin Kendall and close the case. IT IS SO ORDERED. __s/Richard J. Arcara________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: November 3, 2020

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