Lewis v. Gowanda Correctional Facility et al, No. 1:2015cv00168 - Document 77 (W.D.N.Y. 2018)

Court Description: DECISION AND ORDER adopting Magistrate Judge Michael J. Roemer's Report and Recommendation 71 . Defendants' 61 Rule 56 motion for summary judgment is granted. The Clerk of Court shall enter judgment on behalf of the defendants and take all steps necessary to close the case. A copy of the Decision and Order has been mailed to Alfredo Lewis, 429 Fenimore Avenue, Uniondale, NY 11553. SO ORDERED. Signed by Hon. Richard J. Arcara on 10/1/18. (LAS)-CLERK TO FOLLOW UP-

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Lewis v. Gowanda Correctional Facility et al Doc. 77 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ALFREDO LEWIS, Plaintiff, DECISION AND ORDER 15-CV-168-A v. LYNN WASIELEWSKI, REBECCA McDANIEL PAUL BURKE, DENNIS BECKER and SABATO PARISI, Defendants. This pro se civil rights case was referred to Magistrate Judge Michael J. Roemer for the conduct of pretrial proceedings pursuant to 28 U.S.C. § 636(b)(1). On July 10, 2018, the Magistrate Judge filed a Report and Recommendation (Dkt. No. 71) recommending that defendants’ motion for summary judgment pursuant to Fed. R. Civ. P. 56 (Dkt. No. 61) be granted. On September 10, 2018, pro se plaintiff Alfredo Lewis filed objections to the Report and Recommendation. (Dkt. No. 75). Defendants filed a response on September 10, 2018. (Dkt. No. 76). Oral argument is unnecessary. Pursuant to 28 U.S.C. §636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which pro se plaintiff Lewis has objected. Upon de novo review after reviewing the submissions of the parties, the Court adopts the Magistrate Judge’s findings and conclusions. It is therefore Dockets.Justia.com ORDERED, pursuant to 28 U.S.C. § 636(b)(1), and for the reasons stated in the Report and Recommendation (Dkt. No. 71), that the defendants’ Rule 56 motion for summary judgment (Dkt. No. 61) is granted. The Clerk of the Court shall enter judgment on behalf of defendants Lynn Wasielewski, Rebecca McDaniel, Paul Burke, Dennis Becker, and Sabato Parisi and shall close the case. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: October 1, 2018 2

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