Tubbins v. Wrest et al, No. 1:2014cv00409 - Document 26 (W.D.N.Y. 2016)

Court Description: DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation 25 . Defendants' motion for summary judgment 19 is granted. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 12/7/16. (LAS)-CLERK TO FOLLOW UP-

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Tubbins v. Wrest et al Doc. 26 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK CHARLES TUBBINS, Plaintiff, DECISION AND ORDER 14-CV-409A v. PATRICIA WREST, Individually and in her Official Capacity as a Police Officer of the Buffalo Police Department, SCOTT R. MALEC, Individually and in his Official Capacity as a Police Officer of the Buffalo Police Department, BUFFALO POLICE DEPARTMENT, and THE CITY OF BUFFALO, Defendants. This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On October 11, 2016, Magistrate Judge Foschio filed a Report and Recommendation (Dkt. No. 25), recommending that Defendants’ motion for summary judgment (Dkt. No. 19) be granted. The Plaintiff has not filed objections to Judge Foschio’s recommendation. The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties. Based on the Court’s review, it is hereby ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Judge Foschio’s Report and Recommendation, Defendants’ motion for summary judgment is granted The Clerk of Court shall take all steps necessary to close the case. Dockets.Justia.com IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: December 7, 2016

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